Please help -- Lien on property

[GACJP]

What is the name of your state? Georgia
Hi,
I am new here and find a lot of useful info. I hope someone can help straight out my case.
This case is at Georgia.
Back in 2006, I hired a constructor built a retaining wall at my back yard. This project has 5 years warranty. This year, I noticed part of the wall sunk and deformed. I called the constructor back. After looked the wall, he said there is a trash pit under the wall. He said I need dig out the entire pit, fill back some good dirt, and then re-build the wall. Their warranty doesn't cover this situation (why can't they find out this pit at first time?). Since he doesn't know how big the pit is, he can't tell me exactly cost. Because I have concern about the cost, he gave me another option. He can just take down the wall, re-compact base (without any digging) and rebuild the wall. This option will not cost me anything (because of the warranty), but he won't put any warranty any more. I told him I will think about the options.
A few days later, without letting me know, he send his worker to my house and start taking down the wall, he didn't show up. Since I have to go to work, I told the worker call me after the wall down and tell me the situation.
I didn't receive any call from him the day. When I came back from my office, I noticed that they already bring big machines to my yard and finish all digging, refilling, and re-build wall jobs. I didn't expect them so quick.
The second day, he sent me a $3500 bill and asked for payment. I refused to pay it becasue: 1. Without my permission, they dig in my property. The digging and refilling job cause high cost. 2. The amount he gave me is almost the same as the original project price, this repaired piece is only one third of the entire project.

He sent me an email, said he will file lien on my property and foreclose the lien.

Now, my question and concerns are:
1. How can constructor did something without owner's permission, he can still file lien claim?
2. What claim amount he can put in lien?
3. If we go all the way to lawsuit, which court will we go?
4. On the court, what I can defense? Can I win this case? Since the amount is not too big, I don't know any lawyer interested in it.
5. If I lost, what is the worst situation?

Thanks in advance!What is the name of your state?

[Shay-Pari'e]

[quote=GACJP;1893599]What is the name of your state? Georgia
Hi,
I am new here and find a lot of useful info. I hope someone can help straight out my case.
This case is at Georgia.
Back in 2006, I hired a constructor built a retaining wall at my back yard. This project has 5 years warranty. This year, I noticed part of the wall sunk and deformed. I called the constructor back. After looked the wall, he said there is a trash pit under the wall. He said I need dig out the entire pit, fill back some good dirt, and then re-build the wall. Their warranty doesn't cover this situation (why can't they find out this pit at first time?). Since he doesn't know how big the pit is, he can't tell me exactly cost. Because I have concern about the cost, he gave me another option. He can just take down the wall, re-compact base (without any digging) and rebuild the wall. This option will not cost me anything (because of the warranty), but he won't put any warranty any more. I told him I will think about the options.
A few days later, without letting me know, he send his worker to my house and start taking down the wall, he didn't show up.

Since I have to go to work, I told the worker call me after the wall down and tell me the situation.
I didn't receive any call from him the day. When I came back from my office, I noticed that they already bring big machines to my yard and finish all digging, refilling, and re-build wall jobs. I didn't expect them so quick.

Sounds like you knew, otherwise, why didn't you send the workers on their way when you went to work? Does the contractor have anything in writing from you? The second day, he sent me a $3500 bill and asked for payment. I refused to pay it becasue:

1. Without my permission, they dig in my property. The digging and refilling job cause high cost. 2. The amount he gave me is almost the same as the original project price, this repaired piece is only one third of the entire project.

Again, if they did not have permission, why did you allow the work? Please explain these actions on your part.

He sent me an email, said he will file lien on my property and foreclose the lien.

Now, my question and concerns are:
1. How can constructor did something without owner's permission, he can still file lien claim?
2. What claim amount he can put in lien?
3. If we go all the way to lawsuit, which court will we go?
4. On the court, what I can defense? Can I win this case? Since the amount is not too big, I don't know any lawyer interested in it.
5. If I lost, what is the worst situation?

Thanks in advance!What is the name of your state?

[GACJP]

No. I didn't write anything to the contractor.
I knew they came. But they ware just taking down the wall when I was home. Both options he provided to me need taking down the wall. I told the worker call me before they bring big machines to my property to do the digging. But they didn't call me.
I though they just took down the wall that day and will discuss with me go with which option.