We were told by one lawyer that because our work authorization doesn’t state that we can file a lien on the property we have no right to file one even though we have not been paid. Please advise
1 reply
Feb 12, 2021
You do not need a contractual right to file a claim of lien against real property in Georgia. That right is provided by law. Indeed, Georgia law makes void and unenforceable any prospective waiver of lien rights. So the idea that lien rights can be waived before beginning the work because of the absence of a contractual clause allowing the lien runs counter to Georgia law.