Georgia Lien Law

Supplier – Preliminary notice requirements to file mechanic lien
Notice to Contractor must be sent to Owner and Contractor within 30 days of first delivering services or materials or within 30 days of owner filing Notice of Commencement whichever is later. Not required if you have a contract direct with the General Contractor. A preliminary notice may be cancelled through service of a demand of filing a claim of lien.

Supplier – Mechanic Lien
Lien Companies are not able to file the mechanic lien in Georgia. 90 days: Must be filed within 90 days of last furnishing labor/materials.

Subcontractor – Preliminary notice requirements to file mechanic lien
Notice to Contractor must be sent to Owner and Contractor within 30 days of first delivering services or materials or within 30 days of owner filing Notice of Commencement whichever is later. Not required if you have a contract direct with the General Contractor. A preliminary notice may be cancelled through service of a demand of filing a claim of lien.

Subcontractor – Mechanic Lien
Lien Companies are not able to file the mechanic lien in Georgia. 90 days: Must be filed within 90 days of last furnishing labor/materials.

General Contractor – Preliminary notice requirements to file mechanic lien
No preliminary notice is required.

General Contractor – Mechanic Lien
Lien Companies are not able to file the mechanic lien in Georgia. 90 days: Must be filed within 90 days of last furnishing labor/materials.

Timeframe to foreclose lien
Action to enforce must be initiated within 365 days from recording the lien. Within 30 days after commencing the action, must file a commencement of lien action notice.

Construction participants not covered by lien law
Suppliers to materialman are not entitled to the protection of the Georgia lien laws. In addition, unlicensed architects and unlicensed engineers, any party owning an interest in the real property, subcontractors unlicensed in violation of state licensing laws, and others may be denied lien law protection.

Cost and damages not allowed in lien claim
Historically, the “labor, services and materials” protected by the lien statutes have been defined largely in the Georgia case law, and the definition of those protected costs has continued to evolve with new case decisions. However, in May of 2013, the lien law was amended to provide broadly that claims of lien may include the amounts due and owing the lien claimant under the terms of its contract, including interest. Arguably, costs and damages allowed in a lien claim will now include all costs and damages recoverable under the contract.