Georgia Mechanics Lien
File a Georgia claim of lien to secure payment. Learn the 90-day filing deadline, the Notice to Contractor, and the 365-day enforcement rule.
Introduction
A Georgia mechanics lien is a legal claim filed against real property by a contractor, subcontractor, or material supplier who improved the property and was not paid. Once filed of record, the lien attaches to the property, clouds the title, and can be enforced by a court-ordered sale to satisfy the debt. That security is what gives the lien its force, and Georgia protects the right to it in Title 44 of its Code. The lien only works if you follow each step on time. A subcontractor or materialman who lacks privity with the owner must serve a Notice to Contractor within 30 days on a project where a notice of commencement was filed. Every claimant must file the claim of lien within 90 days after completing the work, then commence an action to enforce it within 365 days after filing. DocDraft prepares a Georgia claim of lien and its notices from your project details, and attorney review is available before you file.
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Key Things to Know
- 1
A Georgia mechanics lien secures payment against the improved property. Contractors, subcontractors, materialmen, laborers, and registered design professionals who furnished labor, services, or materials under O.C.G.A. 44-14-361 and were not paid can claim one.
- 2
A subcontractor or materialman without privity may owe a Notice to Contractor. Under O.C.G.A. 44-14-361.5, on a project where a notice of commencement was filed, it is due within 30 days of that filing or of first furnishing, whichever is later.
- 3
The filing deadline is 90 days after the work is done. O.C.G.A. 44-14-361.1(a)(2) requires the claim of lien to be filed for record with the county superior court clerk within 90 days after completing the work or furnishing the material or machinery.
- 4
You must sue to enforce within 365 days of filing. O.C.G.A. 44-14-361.1 requires the recovery action to commence within 365 days from the date the claim of lien is filed, plus a notice of that action filed with the clerk within 30 days of suing.
- 5
Georgia construes lien statutes strictly against the claimant. Missing the Notice to Contractor, the 90-day filing window, or the 365-day suit deadline generally forfeits the lien, though a separate breach-of-contract claim for the unpaid debt may remain.
- 6
The claim of lien must follow the statutory form. O.C.G.A. 44-14-361.1(a)(2) prescribes its contents, and a copy of the filed lien must be sent to the owner, or the contractor as the owner's agent, no later than two business days after filing.
- 7
Georgia has no homestead exemption that blocks a mechanics lien; it attaches to owner-occupied homes like any other property. On residential jobs the notice of commencement and Notice to Contractor scheme under O.C.G.A. 44-14-361.5 governs a subcontractor's lien rights.
Key decisions before you file
Before you file a Mechanics Lien in Georgia, a few decisions shape the document: which option to choose and what each one means. The Mechanics Lien guide walks through them.
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Georgia Requirements for Mechanics Lien
Georgia Filing Deadline and Office
File the Georgia mechanics lien in the correct office, a county recorder or court as Georgia requires, within the state's deadline after you last furnish labor or materials. Georgia applies the deadline strictly, so filing late or in the wrong office can void the lien.