Georgia Property & Casualty Practice Exam

Through which legal instrument can a contractor recover payment if a company fails to pay for work completed?

1. Mechanics lien.

2. License and permit bond.

3. Performance bond.

4. Fiduciary bond.

The correct answer is: Mechanics lien.

A mechanics lien is the appropriate legal instrument that allows a contractor to recover payment when a company fails to pay for completed work. This lien provides a way for contractors, subcontractors, and suppliers to secure their right to payment for services rendered or materials provided related to a property. When a mechanics lien is filed, it creates a legal claim against the property itself, which can be enforced through the courts, potentially leading to a sale of the property to satisfy the debt. This tool is particularly important in the construction industry, where delays in payment are not uncommon. On the other hand, a license and permit bond typically serves to ensure compliance with local laws and regulations, a performance bond guarantees the completion of a project according to the contract terms, and a fiduciary bond covers the actions of a fiduciary in managing someone else's assets. While each of these bonds has its own purpose within contractual and regulatory frameworks, they do not directly address the recovery of payment for completed work in the same way that a mechanics lien does.