Georgia

Georgia Lien Law

Georgia Private Projects
Notice Req.
Intent to Lien
Lien Req.
Prime Contractor

Not Required

Not Required

A Construction Lien or as known in the state of Georgia, a “Claim of Lien” should be recorded within Ninety Days (90 days) from last day on the project.

Sub Contractor

“Notice to Contract” should be sent thirty days (30 days) from the recording of a “Notice of Commencement of Improvement” which is recorded by the Original Contractor or within thirty days (30 days) of first furnishing.

Not Required

A Construction Lien or as known in the state of Georgia, a “Claim of Lien” should be recorded within Ninety Days (90 days) from last day on the project.

Suppliers/Other

“Notice to Contract” should be sent thirty days (30 days) from the recording of a “Notice of Commencement of Improvement” which is recorded by the Original Contractor or within thirty days (30 days) of first furnishing.

Not Required

A Construction Lien or as known in the state of Georgia, a “Claim of Lien” should be recorded within Ninety Days (90 days) from last day on the project.

Georgia

 Notice to Contractor and Mechanics Lien

 

 1. If I don’t have a direct contract with the owner of the property am I required to send a Notice to Contractor (Preliminary notice) in Georgia in order to secure my lien rights?

Yes!  You are required to send a Notice to Contractor in Georgia.  In Georgia you only have 30 days from the first day you furnished materials and or labor to send a Notice to Contractor.

SECURE YOUR LIEN RIGHTS by sending a Notice to Contractor Now!

2. What if I have not been paid after sending a Notice to Contractor

You have only 90 days from the LAST day you have furnished materials and or labor to the property to Lien the property

SECURE YOUR LIEN RIGHTS by filing a Mechanics Lien Now!

3. What is considered the last day on the job? 

  • Georgia law states that, from the time of the contractor’s last day of performed work, they can begin the filing a Claim of Lien.  With regards to the last day materials were delivered onto the job site itself.  A contractor cannot return to the site to acknowledge completion, nor perform any additional work.
  • Once your final furnishing of work is completed, no added time can be used to extend the time for filing a Claim of Lien.  Contractors should be aware of the completion progress on the jobsite, before the, “final furnishing” date. This way you can make any changes before the final day, any changes cannot be claimed for unless approved.

SECURE YOUR LIEN RIGHTS by filing a Mechanics Lien Now!

 

4. Who all are not protected by the lien law of Georgia?

 Any unlicensed parties performing services, or labor are not protected.  Suppliers who are not furnishing rental tools, appliances, machinery, or equipment, are not protected. Material man who are not contracted to the job are also not protected.

If you are unlicensed and not contracted you are not protected by the lien law.

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5. What costs or damages made are not generally allowed in a lien claim?

Attorney fees are not included in the lien of claim.  However, prejudgment interest and attorney fees, may be recoverable in addition to the lien claimant amount, under certain circumstances.

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6. What is the deadline to start a lien foreclosure?

Within the 365 day mark.  The lien claimant must file action against the primary defaulter on the debt owed.  If the lien claimant did not furnish labor or materials directly to the property owner, as long as action again the primary debtor for the debt is filed within 365 day mark, a lien foreclosure may be filed against the owner,  more than 365 days from the time the lien was filed.

The time period of 365 does not include, holidays or weekends.  All dates are counted using a business calendar.

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 7. Do I need to include a lien of expiration statement?

You must include in bold and at least 12 point font the following statement: “This claim of lien expires and is void 395 days from the date of filing of the claim of lien if no notice of commencement of lien action is filled in that time period.”  Without this statement, your lien will be invalid and stop it from being filed.

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8. Can I file a lien on a condominium project?

A lien may be filed against an individual condominium as long as the claimant has valid lien rights.

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9. Who satisfies the lien when I get paid?

The lienor may be obligated to initiate a release of lien when paid.

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Georgia State Projects
Notice Requirements
Lien Requirements
Prime Contractor

A Prime Contractor must file a Notice of Commencement within 15 days of commencement of work to the project.

Not Required

Suppliers/Other

If a Prime Contractor files a Notice of Commencement, subs and 2nd tier sub-contractors not within contract with the prime must serve a Notice to Contractor within 30 days of first furnishing labor or materials.

A Notice of Claim must be filed within 90 days from which you, last furnished services. To file suit must be within 1 year from the completion date of the project

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