If you’re working on a construction project in Georgia, then there’s a chance you may be interested in how the mechanics lien process works. Since the law can vary from state to state, it’s important to pay attention to the details of the state you’re working in before it’s time to file so that you don’t lose any rights by making a mistake. Here are a few details specific to Georgia.
- Know Your Notice Requirements: Georgia only requires preliminary notice when two conditions are met. First, the property owner filed a Notice of Commencement on the project. Second, you contracted with a general contractor or someone other than the owner of the property. If this is the case, then you need to send a preliminary notice within 30 days of when you first work on the project or within 30 days of when the Notice of Commencement was filed. If those two conditions are not met, then preliminary notice is not required. However, sending notice to the property owner of unpaid bills may still be a good idea as it can help motivate the person you contracted with to pay you.
- Know Your Deadline: While some states have different filing deadlines for different types of projects, in Georgia, a mechanics lien must be filed within 90 days from the date on which the work was performed or materials supplied.
- Do You Need a Notary?: While the law in Georgia does now require mechanics liens to be notarized, it is still a best practice to do so.
- Pay Attention to County Fees and Rules: Georgia has 159 counties, each with their own recording offices. Each of those offices will have different preferences on how forms are filed, what details need to be included, and what the filing fee is. Make sure you call and get a list of their preferences before you file your lien.
- Are You an Eligible Party?: If you are a contractor on a construction project and you’ve taken no personal security, then you can file a mechanics lien in Georgia. This includes everyone from general contractors to architects, engineers, people who provided materials to the project, and equipment renters.
- Are You Licensed? If your profession is one which must be licensed according to the laws of the State of Georgia, then you must be hold a valid and current license in order to file a mechanics lien. This includes asbestos abatement professionals, electricians, plumbers, and general contractors, among others.
- Can You Get Attorney’s Fees?: In Georgia, you cannot recover attorney’s fees as part of your lien claim, though using an attorney can certainly help speed up the process. However, if you complete a successful foreclosure action, you can recover attorney’s fees as well as interest.
Georgia can be an entertaining state to file a mechanics lien in, often due to the large number of individual counties, each with their own preferences. Using the attorneys at National Lien & Bond to help you file will put you on the road to recovering your costs quickly and help you make sure you don’t miss the deadline to do a foreclosure action if one becomes necessary.