GA- Peeling paint job/ painter to file lien

Status
Not open for further replies.

homewood

New Member
Hi,

I recently had my house painted and the painter pressure washed, caulked, primed, and painted all in one (short day). He never prepared the areas that needed it and painted over peeling and bubbling paint- which of course is now peeling and bubbling. He painted over rotten wood, just overall did a horrible job. We originally had several estimates and each of the other 3 painters has come back to estimate how much it would cost to 'fix' the job, they are all quoting their original prices since they will have to do the job over again. We have not paid him a dime since we are going to have the work redone, but we are giving him a chance to fix the work, if he responds to my BBB claim. He has threatened to put a lien on the house. I have several questions:

1. It appears that the GA lien law will change 3/09. Currently, the painter has 1 year from the last day the services are rendered to press charges or we are able to have the lien voided. It will change in March to be one year from the day the lien is filed to press charges. He has to file the lien by 9/08, but after this, will the old law apply or the new?

2. If he does file a lien and does not press charges, do I need an attorney to get the lien voided? If not, how do I do this?

3. Can I use other lawsuits brought against him by previous customers(for unacceptable work) in magistrate court?

4. He told me that he would just keep renewing the lien every year. Once it has been voided, he should have no right to file a lien, correct? What do I do if he does?



Thank you!
 
I don't know the GA law but I believe that in New York, a mechanic's lien can be removed in the following ways:

1) Dismissed by motion on the basis of being defective, e.g. unlicensed contractor, filed against the wrong entity such as a condo instead of against a unit.

2) The lien may expire on its own terms if not annually renewed annually or the lienor fails to commence a foreclosure action.

3) A bond and surety company can stand in place as a security under the lien instead of the real property and this can free the property. This can take a while and can be expensive.

4) Defense of a successful lien foreclosure action - the lien may be reduced or dismissed.

5) If the amount claimed due is paid, the lien is then extinguished.
 
Status
Not open for further replies.
Back
Top