Construction Law

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The rights of property owners, general contractors, subcontractors, suppliers, and materialmen in construction matters are determined by contract and state law. Navigating the precise legal requirements of Georgia construction law can be challenging, and mistakes can be costly..

Attorney Luisa Alejos helps you understand and protect your rights and resolve disputes efficiently, so your projects stay on track and your business can operate without needless disruption.

To get the help you need with pursuing payment or defending against a lien in construction disputes, contact L.P.A. Law to schedule a consultation.

Navigating Construction Payment Disputes

If you have provided labor or materials for a construction project but have not been paid, you must take swift action to preserve your rights.

The first step is to review your contract. Pay special attention to payment terms, deadlines, and notice requirements, and confirm that you have met all of your obligations under the contract, including providing quality work and meeting required milestones.

If you are entitled to payment, you must send a demand for payment to the party that owes you money, whether that is the owner of the property where you performed the work, a general contractor, or someone else. An effective demand letter includes invoice details, details the work was performed, and the amount that remains due. If the party who owes you money still does not make payments, further measures are necessary.

Subcontractors and suppliers in Georgia are required to serve a Notice to Owner within 30 days of first providing labor or materials; this tells the owner that someone with whom they did not contract directly will be entitled to payment for their work on the property. If you fail to give notice in a timely fashion, you lose your right to file a lien, but you may have other recourse for pursuing payment, such as a claim for unjust enrichment of the party that benefited from your work.

If you did serve a Notice to Owner in a timely fashion, or if you are a general contractor who is not required to, you may file a mechanic’s lien (sometimes called a construction lien) if you are not paid for your work on private property. A mechanic’s lien must be filed within 90 days after the last day you provided labor or materials, in the county where the property is located, and must be served on the property owner.

If you remain unpaid even after filing a mechanic’s lien, you may file a lien foreclosure action, which is a lawsuit to enforce the lien. The lien foreclosure action must be filed within 365 days after filing the lien.

An experienced construction law attorney can help you with any step in this process, from reviewing your contract, to serving notice or filing a lien, to protecting your interests and pursuing payment in court.

How L.P.A. Law Helps in Construction Disputes

Because construction payment disputes involve strict timing and precision in documents, it is easy to make a mistake that could derail your right to file a lien and make it much more difficult to get payment. In addition, proper service of notices and liens is essential and must be proven. In short, filing a lien is much more than filling out a simple form—and a lien only establishes your right to payment. You may still need to negotiate, settle, or sue to actually get paid.

Attorney Luisa Alejos represents construction businesses, contractors, subcontractors and materialmen seeking payment for their work. A past member of the Construction Law Section of the State Bar of Georgia, she has years of experience in:

  • Pre-project consulting
  • Drafting and reviewing construction contracts
  • Drafting and serving Notices to Owner
  • Preparing and filing mechanic’s and materialman’s liens
  • Ensuring proper service of lien filings on property owners
  • Reviewing and preparing lien waivers
  • Negotiating payment disputes before or after lien filing
  • Filing and prosecuting lien foreclosure lawsuits
  • Pursuing payment bond claims on public projects
  • Defending against lien challenges or motions to dissolve liens
  • Advising subcontractors regarding other options for pursuing payment
  • Representing clients in small claims or state court
  • Collections

L.P.A. Law also represents homeowners and property owners in construction law matters, including:

  • Reviewing lien notices and filing for validity
  • Challenging invalid or defective liens
  • Negotiating lien releases
  • Advising on lien waiver forms
  • Coordinating title clearance
  • Defending against lien foreclosure actions

Whether you provide labor or materials, or own property, construction law matters can be challenging to navigate. To get the guidance you need and avoid costly mistakes, contact an experienced construction law attorney.

Schedule a Free Initial Consultation

From our offices in Marietta and Buckhead, we help construction law clients throughout Metro Atlanta. Call us at 678.839.4661 or use our online contact form to schedule a free consultation.