I am a private homeowner in the state of Georgia and I pulled a permit to build a garage on my property which I own. A subcontractor offered his services and at first did not want to sign a contract and started the work without one. I requested before my first payment that we sign a contract as I wanted to pay him in three draws. After refusing a couple of times he finally agreed and I paid him the first installment after the completion of the first stage. The second payment was to be paid after the siding was finished on the garage which he subcontracted out to another subcontractor. The work was completed yesterday except for two gaps in the upper portion of the roof which my husband requested that he fixed before his second draw. He wants his money ASAP and has threatened to put a lien on my property. What are my options enforcing him to finish the job before I pay him? And can he legally put a lien on my property if he hasn't completed the work?
The subcontractor does have lien rights in this instance. And there is really nothing anyone can do to stop a lien from being recorded. It's an administrative function only. Since you don't have a contract with him (don't do that again!) the best thing you can do is work with him to get the job completed and him paid on whatever terms the parties agree to even if it means you pay a little more money. If this goes sideways it will be a lot more expensive than coming out of pocket a little bit on the front end to avoid a dispute.