Legal Question in Credit and Debt Law in Georgia

My non profit organization in Georgia hired a roofing contractor to replace our roof. We paid the roofing contractor who didn't pay the supply company and the supply company put a lien on our building. Is there a statute of limitations for suing the contractor for the money we paid him for the supplies?


Asked on 2/21/12, 11:31 am

1 Answer from Attorneys

The solution, if this ever happens again, is that before you pay the roofing contractor, you get lien waivers from all of the subs. Otherwise, you can hold back a portion of the funds until after the work is done and the lien period expires.

What are you going to do about this issue now? Have you paid the sub? You need to pay the sub and then sue the general contractor for reimbursement unless you bring some kind of action to have the lien stricken off. This really is not a collection issue and you should seek out the advice/help of local counsel who handles collection of construction liens.

Of course there is a statute of limitations applicable to this. All actions are governed by a statute of limitations. I don't know when the work was done or the sub was paid (if at all). The time for reimbursement/contribution (if that is what you are seeking) may begin to run from the time the sub was made and you make a demand on the contractor for reimbursement. It generally is 4 years in GA.

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Answered on 2/21/12, 12:02 pm


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