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What are the legal rights of an unpaid second-tier

Customer Question
subcontractor JA: What state are you...
What are the legal rights of an unpaid second-tier subcontractor
JA: What state are you in? It matters because laws vary by location.
Customer: Georgia
JA: Has anything been filed or reported?
Customer: demand for payment letter to the general contractor
JA: Anything else you want the lawyer to know before I connect you?
Customer: The general contractor was not aware that this second-tier subcontractor was working on the project, until the letter of demand. Project completed approx 95 days ago and the first subcontractor has been paid in full.
Submitted: 1 year ago.Category: Legal
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Answered in 16 minutes by:
9/23/2016
Lawyer: Law Educator, Esq., Attorney replied 1 year ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 121,089
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You still have a right to pursue a lien on the property where the work was performed if you send the proper notices to the property owner. The lien must be filed within three (3) months of the last time the person or entity claiming the lien worked on the property or within three (3) of the last time materials were delivered to or installed upon the property. OCGA Section 44-14-361.1(a)(2). At the time of filing for record of his claim of lien, the lien claimant shall send a copy of the claim of lien by registered or certified mail to the owner of the property or the contractor, as the agent of the owner. See: http://www.zlien.com/mechanics-lien/georgia-lien-law-faqs/
You also have a right to sue the primary contractor and general contractor for payment on the work done.
In addition, you can file a claim against the general contractor's bond if they had a bond on the contract.
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