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Bankruptcy and Georgia Lien Laws

and to defend against particular liens (Crewdson 76).

The term materialmen refers to all persons furnishing the tools, appliances, machinery, or equipment included in the definition of materials under the Georgia Code. That definition states that material "is something that goes into and becomes a part of the finished structure, such as lumber, nails, glass, hardware, etc., which is necessary to the completion of the building" (Georgia Code 44-14-360). The lien law provides that certain persons "shall each have a special lien on the real estate, factories, railroads, or other property for which they furnish labor, services, or materials" (Georgia Code 44-14-361):

1) mechanics of every sort who have taken no personal security for work done and material furnished in building, repairing, or improving any real estate of their employers;

2) contractors, subcontractors, and materialmen who furnish material to subcontractors, and laborers who furnish labor to subcontractors, materialmen, and persons furnishing material for the improvement of real estate;

3) registered architects furnishing plans, drawings, designs, or other architectural services used in building and improving real estate;

4) registered land surveyors and registered professional engineers performing or furnishing services on or with respect to any real estate;

5) contracts, subcontractors, and materialmen furnishing material to subcontractors, and laborers who furnish labor to subcontractors, and all laborers furnishing labor for subcontractors building factories, furnishing material for factories, or furnishing machinery for factories;

6) machinists and manufacturers of machinery who furnish or put up any mill or other machinery in any county or who may repair the same (Georgia Code 44-14-361).

Under Georgia law, such protective liens are mandatory. One of the reasons for this law has been problems in the construction industry during periods of a ...

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Bankruptcy and Georgia Lien Laws. (1969, December 31). In LotsofEssays.com. Retrieved 00:40, May 05, 2024, from https://www.lotsofessays.com/viewpaper/1687400.html