[GA] Can a material supplier put a lien on a home if the homeowner already paid the contractor?

I’m sorry to hear about the issues you’re facing with your home renovations; that sounds very frustrating. Can you tell me when the renovations were completed and when you received the lien?

Have you had any communication with the remodeling company or the material supplier regarding the unpaid material and the unfinished work?

Is there anything else the Lawyer should know before I connect you? Rest assured they’ll be able to help with your lien issue.

Hello and welcome to the site! I am a licensed attorney and here to help with your situation. I know your question is important, but there may be a short delay in my responses as I type out an answer or reply as I am typically working with several customers at once on the website. I have read your post and I am sorry to hear you are having to deal with this situation as I realize it can be frustrating and confusing.

Is the material supplier some type of vendor or material supplier that provided materials to the contractor?

Unfortunately under lien laws if a materialman or supplier of materials is unpaid by a general contractor then they can file a materialmen’s lean on the homeowner’s property and essentially force the homeowner to pay the material supplier in order to keep them from foreclosing on the lien and forcing a sale of the property. In Georgia, this lien right comes from (GA Code § 44-14-361), and the supplier must strictly follow the filing, notice, and lawsuit deadlines in (GA Code § 44-14-361.1) or the lien is not enforceable. That same section also provides that the total of all such liens can never exceed the contract price of the improvements.

This is the case even if the homeowner has paid the general contractor because the law gives the homeowner the right to sue the general contractor for that money back. While that plays out, a homeowner can remove the lien from the property itself by filing a bond with the clerk of the superior court under (GA Code § 44-14-364), and for a lien on the owner’s home the bond only needs to equal the amount claimed.

So to boil it down, it sounds like your general contractor took the money and disappeared and didn’t pay his suppliers so if other suppliers are unpaid they will likely be contacting you soon about their bills.

Your recourse here is to track down your general contractor and sue them under a breach of contract claim to try and get your money back if they have any assets or any money.

You’re going to have to find a local civil law attorney to represent you because this is far over the small claims court limit. You’re probably going to look at anywhere from $3,000 to $5,000 up front as a retainer to get a local civil law attorney interested enough to take the case.

Yes, visiting the clerk’s office at the Superior Court is a good step to verify the lien. They can confirm if the lien is properly filed and valid. You can also ask if there are any other liens filed against your property. This will give you a clear picture of your current situation.

Continue trying to reach the material supplier and let them know what is going on with the contractor and that you are working to address it. They may be willing to hold off on further legal action if they know you are a victim here. Also, collect all contracts, receipts, and communications related to the renovation project. This documentation will be crucial if you decide to take legal action. Given the complexity of lien laws and the potential need to sue the contractor, consulting with a local attorney who specializes in construction law can provide you with tailored advice and representation.

Did you have any other questions about this situation I can help with?

Glad to help even though the news isn’t great. Have a good evening and be safe!