A homeowner refuses to pay a contractor's final invoice of $12,000. The contractor wants to file a lien. What document must be filed first in Georgia?
Correct Answer
D) Notice to Owner
In Georgia, contractors must first file a Notice to Owner before they can file a valid lien claim.
Why This Is the Correct Answer
In Georgia, a contractor must serve a 'Notice to Owner' (also called a Preliminary Notice) before they can perfect a mechanics lien. This notice informs the property owner that the contractor is working on the property and preserves the right to file a lien claim later.
Why the Other Options Are Wrong
Option A: Claim of Lien
The Claim of Lien is filed after the Notice to Owner step, not before it. Filing a Claim of Lien without the prior Notice to Owner renders the lien invalid in Georgia.
Option B: Preliminary Notice
Preliminary Notice is terminology used in other states (e.g., California). Georgia uses the term 'Notice to Owner' for the required preliminary document.
Option C: Notice of Intent to Lien
A Notice of Intent to Lien is not a required step under Georgia lien law. It may exist in other states' processes but is not a recognized prerequisite in Georgia's mechanics lien procedure.
Memory Technique
Georgia liens: Owner First, Claim Second. You must tell the Owner before you can Claim. 'Notice to Owner' → wait → 'Claim of Lien.' The owner always gets notified first.
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Which situation would require a Georgia contractor to obtain workers' compensation insurance?
A contractor receives a stop work order from the local building official. The contractor continues working despite the order. What is the typical penalty range?
A contractor's license expires on June 30th. They submit a renewal application on July 15th. What additional requirement must they meet?
A Georgia contractor completes work valued at $15,000 on March 1st. The property owner fails to pay. What is the deadline for filing a materialman's lien?
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A contractor discovers that the local building official is interpreting a code provision differently than expected. What is the proper appeal process in Georgia?
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A subcontractor files a lien for $18,500 on a residential property. The property owner disputes the amount and deposits $20,000 into the court registry. What happens to the lien?