Dear Consumer Ed:

I paid a roofer to repair some damage to my roof. Now, several months later, I’m being contacted by one of his workers who is threatening to place a lien against my home because the roofer never paid him. Can he do this?

Consumer Ed says:

Unfortunately, he probably can. Under Georgia law, people who contribute labor or materials to improve a new or existing home are allowed to file a claim of lien against the homeowner if they do not get paid, even if the homeowner actually paid the contractor. Lien claims like these are limited in their effect: they do not show up on your personal credit report and expire by law within 12 months unless the subcontractor actually files a lawsuit to collect the money.

If a lien has been filed against your property, there are many potential defenses available to you. You can demand a cancellation if the lien itself is defective. For instance, the person filing the lien may have signed a lien waiver, incorrectly identified the property, or even filed the lien in the wrong county. It may be helpful to have an attorney check the lien for defects. Alternatively, if you’re not planning on a move, you can simply wait twelve months until the lien expires and take your chances that the lien filer will not want to incur the expense of a lawsuit. 

If you will be moving, you may want to bond off the lien claim. This discharges your home from the lien and instead puts the claim against the bond. This clears the title quickly and easily, without waiving the dispute. The person still has twelve months from the time the claim became due to sue for recovery. 

You can also file a Notice of Contest, which gives the lien filer sixty days to file a lawsuit; if he fails to do so, the lien expires.

You may have additional defenses based on the work performed or the amount claimed in the lien. However, this requires showing that payments were properly disbursed to all persons providing labor, materials and services. Only your contractor may have this information.

Please see the Home Improvement section of our website for more information. If you are concerned about a claim of lien filed against you, you should also consult with an attorney.

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Dear Consumer Ed:

I hired a contractor to do some work on my home.  He took forever to do the work. Now, after having paid him in full, I have found a lot of things that he did wrong.  I don’t want to deal with him any more.  Can I hire someone else to fix the problems and make him pay to have it done? 

Consumer Ed says:

Before you take any action in connection with repairs, you need to do several things.  First, review both your contract and any warranty that you received from the contractor.  See if they contain any provisions relating to repair issues and how they should be handled.  If they do, you need to follow the procedures outlined for the completion of repairs. 

You also have to comply with Georgia’s Right to Repair Act before you can sue a contractor in connection with construction defects.  The Act requires that the contractor be given an opportunity to try and correct any problems.  It contains specific provisions relating to notice, inspections, timelines and other procedures.  If you do not follow all of the Act’s requirements, it could have a negative impact on your claim.  For more information about the Right to Repair Act, visit the Home Improvement section of the ConsumerEd.com website.

In your situation, we recommend that you consult with an attorney.  To find a lawyer in your area, contact your local bar association.  A list of the bar associations in Georgia can be found on the State Bar of Georgia’s website: www.gabar.org.

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