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 there. 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. If you need to file a mechanics lien Georgia can be a tricky state to get it right in. In this article we brake it down so that you can make sure you’ll get paid.
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.
Know Your Work is Performed
You must file your mechanics lien in the clerk’s office of the county where the property you worked on is located. You must also include a description of the property in the lien sufficient to be able to correctly identify the property. Best practice is to use the metes and bounds description contained in the local property records. If you take the time to obtain this information at the start of the project, you will not only learn the legal description of the property but also the county in which to 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 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.
Did You Sign a Lien Waiver?
If you signed a document stating you waived your mechanics lien rights in exchange for receipt of payment, but did not actually receive payment, you still have the right to file a lien. However, special deadlines apply to such situations. If you signed the waiver but were not paid, you must file your lien within the shorter of 60 days from the signing of the waiver or 90 days from the last day the signatory on the waiver form worked on the project.
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.
The attorneys at National Lien & Bond can help you file your lien and provide the tools you need to recover your costs quickly.
Frequently Asked Questions
Who can file a Georgia mechanics lien?
Under O.C.G.A. § 44-14-361, mechanics lien rights in Georgia belong to: (1) general contractors with the owner; (2) subcontractors who have given the proper 30-day Notice to Contractor under § 44-14-361.5(c); (3) material suppliers who have given the Notice to Contractor; (4) equipment lessors who have given the Notice to Contractor. Georgia is unusual in restricting sub-tier lien rights to those who timely served the Notice to Contractor — sub-tier claimants who failed to serve the notice within 30 days lose lien rights even if the underlying payment claim is solid.
What is the Georgia Notice to Contractor?
Under O.C.G.A. § 44-14-361.5(c), sub-tier claimants on Georgia construction projects must serve a Notice to Contractor on the GENERAL CONTRACTOR (not the owner) within 30 DAYS of starting work, identifying the sub-tier claimant as a party to the project. The Notice to Contractor preserves the sub-tier claimant's mechanics lien rights. Failure to serve the Notice to Contractor within 30 days bars sub-tier lien rights — regardless of how strong the underlying payment claim is. The Notice to Contractor is Georgia's primary sub-tier prerequisite.
What is the deadline to file a Georgia mechanics lien?
Under O.C.G.A. § 44-14-361, the Claim of Lien must be filed with the Clerk of Superior Court in the county where the property is located within 90 DAYS after the date the claimant last furnished labor or materials to the project. The 90-day deadline runs from LAST furnishing, not from project completion. After filing, the claimant must give written notice to the owner of the lien filing within 2 BUSINESS DAYS — failure to give the post-filing notice does not invalidate the lien but creates affirmative defenses.
What is the deadline to file a Georgia mechanics lien foreclosure suit?
Under O.C.G.A. § 44-14-361.1, the foreclosure action on a Georgia mechanics lien must be commenced in court within 365 DAYS after the date of filing the Claim of Lien. The 365-day foreclosure window provides reasonable settlement runway. However, the deadline can be shortened by the owner filing a § 44-14-361.1(a)(3) Notice of Contest of Lien — forcing the claimant to file suit within 60 DAYS. Failure to file within any applicable deadline extinguishes the lien.
What is a Georgia Notice of Commencement?
Under O.C.G.A. § 44-14-361.5, the Notice of Commencement is filed by the property owner (or contractor on the owner's behalf) with the county Clerk of Superior Court BEFORE construction begins. The Georgia NOC identifies the owner, GC, and other project parties. Sub-tier claimants use the NOC to identify the GC for service of the 30-day Notice to Contractor. Owners who fail to record the NOC face increased exposure to sub-tier lien claims.
What contents are required on a Georgia Claim of Lien?
Under O.C.G.A. § 44-14-361.1, the Claim of Lien must contain: (1) the name and address of the claimant; (2) the name of the owner of the property; (3) the name of the party who hired the claimant; (4) the property's legal description sufficient for identification; (5) the dates of first and last furnishing; (6) a description of the labor or materials furnished; (7) the amount due and unpaid; (8) verification by the claimant under oath. Defective Claims of Lien missing required contents are unenforceable under Georgia law.
How does National Lien & Bond help with Georgia mechanics liens?
National Lien & Bond files Georgia mechanics liens for unpaid contractors, subcontractors, suppliers, and equipment lessors. For Illinois-based engagements, Hal Emalfarb's firm at Emalfarb Swan and Bain handles strategic coordination. For Georgia-jurisdiction matters, NLB connects unpaid contractors with vetted Georgia construction-payment attorneys who handle the 30-day Notice to Contractor service under O.C.G.A. § 44-14-361.5(c), the 90-day Claim of Lien filing under § 44-14-361, and the 365-day foreclosure suit under § 44-14-361.1. NLB's 50-state deadline-tracking system prevents the missed-deadline forfeitures that cause most Georgia lien losses. Contact NLB for a free initial consultation.