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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 118749
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I hired a general contractor to rehab a house and he

Customer Question

I hired a general contractor to rehab a house and he required some prepayment. He subbed out the work to subcontractors, and claimed work was completed when it was not, ( didn't find out until afterwards), and hired subcontractors who performed sub standard work. 90 days into the contracted 60 days to compete the project, with excuses and terrible workmanship, I terminated the contractor.
A dumpster company that provided one has not been paid. The subcontractors who I told him needed to be out of the house stopped work on the incredibly substandard work. They then stole materials that I had purchased on my personal credit card, and only brought it back when I called the xops.
Just found out that the dumpster company was about to file a lien.
I'm also concerned that the subcontractors will also try to file one. I took multiple pictures of the 'work' in case I need a case.
I am not certain if the gc I hired is bonded. He has no money for me to sue for, apparently.
I am in Georgia. What options do I have tp get any money against the gc, and prevent the subcontractor to prevent further liens for workmanship that has had to be redone at increased cost due to demolishing their own work?
Copious, copious pictures and video of the 'work'.
Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
GA law does not require these contractors to be bonded. If he is bonded he must provide you proof of the bond. If he has not, then your only legal recourse is filing suit against him and the sub contractors as well for breach of contract and their negligent work and theft of the materials. Even if you think he has no money, you can get a judgment which is good for 7 years, but may be renewed or revived at that time for another 7 years. You can even use that judgment to seek to seize his bank accounts or accounts receivable from other jobs. However, the reality is if he has nothing and gets nothing and if the sub contractors have no money, you can ultimately have a paper judgment that you cannot enforce.
Sadly, the civil suit is your sole recourse against the contractor and the sub contractors under GA law.
Customer: replied 1 year ago.
Thank you. How do I prevent any subcontractors putting a lien on the house please, if they get through all the legal 'stuff' (notification, address, etc), if they had not been paid by the gc?
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your reply.
Unfortunately, paying them or making arrangements to pay them OR suing them for breach of contract for their negligent work and getting a court judgment against them that you do not owe them for their negligent work would be your only ways to prevent the liens.