The right of lien generally arises by operation of law, but in some cases it is created by express contract. Laws regarding liens and notices of sale pursuant to an unsatisfied lien vary by jurisdiction, so local laws should be consulted.
Georgia Contract Provision Authorizing a Lien on Property Left for Repair and Sale of Property for Failure to Pay Repair Charges
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How to fill out Contract Provision Authorizing A Lien On Property Left For Repair And Sale Of Property For Failure To Pay Repair Charges?
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FAQ
The process of bonding off a mechanics lien starts after a claimant has filed a mechanics lien. After the claim is made, a general contractor or a property owner can contact a surety bond company to purchase a surety bond that replaces the value of the lien that was filed against the property.
Under current Georgia law, lien waivers are "conditional," meaning they do not waive lien and payment bond rights until payment of the amount stated in the lien waiver is received.
When a lien is bonded off, a payment bond is available to pay off the lien. This provides a guarantee for payment to the construction firm and allows the property owner to be able to sell, finance or transfer the property without fear of a lien on the title.
Lien bonds are required by anyone that has a contractual obligation to remove a mechanics lien from a project. Most often this bond is used when a general contractor is having a dispute with a trade contractor and the trade contractor files a mechanics lien against the property to protect them against non-payment.
Georgia lien law requires a lien action to be filed within 365 days from the date the lien is filed for record, and not a day later.
Lien release bonds can be an effective way for owners to free their property from lien claims, enabling them to refinance or sell the property. However, it doesn't free them from the obligation to pay the debt. It simply substitutes one form of payment security for another.
Once an unconditional lien waiver is signed, it is fully effective and enforceable. While using an unconditional lien waiver will certainly protect your property, it won't guarantee that the signor actually receives payment, since unconditional waivers are typically enforceable even if signor never gets paid.
The waivers need not be notarized. It is sufficient that it is in writing. The taxpayer is bound to submit his duly executed waiver to the officers of the Bureau and to retain his copy of the accepted waiver.
How much does this bond cost? The cost is usually 2 5% of the bond amount, but will often require collateral. The pricing varies based on the bond amount, and the specifics of the dispute.
No. Georgia lien waivers must be given under hand and seal and witnessed, but there is no specific requirement for notarization. Note, however, that if an Affidavit of Nonpayment is required after a lien waiver has been signed and delivered, the Affidavit of Nonpayment does require notarization.
