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invalid lien?

Discussion in 'Liens & Encumbrances' started by Skipper2021, Sep 16, 2021.

  1. Skipper2021

    Skipper2021 Law Topic Starter New Member

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    Jurisdiction:
    Georgia
    A tree destroyed half my house. A "contractor" came, inspected the STRUCTURAL DAMAGE (broken beams, etc.) and stated to be fully "licensed" We signed an agreement naming it a General Contractor and the contract to be in accord with Georgia laws. Did a terrible job. Didn't request the mandatory permits. It was later discovered it didn't have a CONTRACTOR's LICENSE. After money dispute it put a couple of liens.
    Question: since the contractor is not duly licensed and agreed to do structural work naming itself GENERAL CONTRACTOR, aren't the contract and liens invalid?
     
  2. zddoodah

    zddoodah Well-Known Member

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    Why do you have the words "contractor" and "licensed" in quotation marks?

    Also, how is it that this contractor came to inspect your house? Was the contractor hired by your homeowner's insurance carrier?

    Quite likely, but I doubt anyone here has specific knowledge about Georgia lien law.

    If this was a contractor hired by your insurer, you need to get on the horn with the insurance adjuster to discuss all of this.
     
  3. Skipper2021

    Skipper2021 Law Topic Starter New Member

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    It came called by the tree removal company guys. I was impressed by its credentials: fully insured and licensed. I hired it. It turned out it was simply a municipal business license, not a State contractor license.
    Can somebody interpret GA code 43-41-17, for me, please? It was pointed out by a friend.
     
  4. army judge

    army judge Super Moderator

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  5. adjusterjack

    adjusterjack Super Moderator

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    Georgia Code § 43-41-17 (2018) - Effective date of licensing and sanctioning provisions; unenforceable contracts; compliance with county or municipal requirements; exemption for DOT contractors; other exceptions :: 2018 Georgia Code :: US Codes and Statutes :: US Law :: Justia

    Paragraph (b) is what you are probably concerned with. Basically, it says his contract is unenforceable because he is not licensed and "no lien...shall exist."

    If the liens have been recorded, you might have to go to court to get a court order that you can record. Even though the liens are not valid they are still public record and are likely to give you grief if you wanted to refi or sell your home.

    Note that there are some exemptions to licensing in paragraphs (f) specialty contractor and (g) repair work that doesn't involve the structural integrity of the property.

    It doesn't appear that those apply in your case but that depends on the scope of the repairs.

    I suggest you read the entire licensing statute:

    Georgia Code Title 43, Chapter 41 (2018) - Residential and General Contractors :: 2018 Georgia Code :: US Codes and Statutes :: US Law :: Justia

    In case there is anything else you need to know.

    I also suggest you file a written complaint with

    Plb | Licensing (ga.gov)
     
  6. Skipper2021

    Skipper2021 Law Topic Starter New Member

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    I thank sooo much to all responders! I'm following the suggestions and yes, I'll need a lawyer it seems...
     

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