In Georgia, it is possible for a Contractor’s Affidavit or an Owner’s Affidavit to dissolve a mechanics lien or a materialman’s lien; however, just obtaining an affidavit alone does not suffice! The Georgia construction lawyers at the Cobb Law Group have the experience which owners, developers, purchasers and lenders require in order to proceed with a pending transaction, to clear title to their property and to prevent future liens from being filed. Because we are not general practice attorneys, we understand the intricacies of construction law, and we offer sound legal advice on all aspects of lien dissolution ranging from the technical requirements of the affidavit to litigation and prosecution for an affiant’s false swearing.
If you are relying upon a Georgia contractor’s affidavit to protect you from pending or threatened construction liens, we urge you to contact an experienced construction lawyer as soon as possible. In the meantime, here are a few points to keep in mind:
- In order for the contractors affidavit to invalidate liens against your property, all conditions required by O.C.G.A. Section 44-14-361.2 must be met;
- An affidavit must be obtained from a party with whom you contracted;
- A final disbursement of the contract price must be contemporaneously exchanged with the affidavit;
- Affidavit may be more beneficial to a bona fide future owner rather than current owners;
- A contractors affidavit must be sworn under oath;
- Affidavits do not dissolve liens filed prior to the execution of the affidavit;
- Lien claimants who have not received payment, may still have rights including non-dischargeability of debt (in bankruptcy), false swearing, and personal liability against the affiant
- False affidavits given in connection with a residential loan may be considered a felony
Contact Us Today: If you own a construction project anywhere in the state of Georgia or if you have questions regarding the use of contractor’s affidavits to remove materialmen’s lien filed against your project, please email us or call us at (866) 960-9539 today.
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