Georgia mechanics lien law and deadlines
In Georgia you file a claim of lien with the superior court clerk within 90 days after completing your work, send the owner a copy within two business days, start a lien action within 365 days, and file a notice of that action within 30 days.
A Georgia mechanics and materialmen's lien is created under O.C.G.A. § 44-14-361.1. The claimant must substantially comply with its contract, file a claim of lien in the office of the clerk of the superior court of the county where the property sits within 90 days after completing the work or furnishing the materials, and mail a copy to the owner no later than two business days after filing. Then it must start a lien action within 365 days from filing and, within 30 days after starting that action, file a notice of it with the same clerk. Georgia's waiver rules are also unusual: statutory forms that take effect on their own after 90 days unless you file an affidavit of nonpayment.
| Step | Deadline or rule | O.C.G.A. |
|---|---|---|
| Claim of lien | File with the superior court clerk within 90 days after completing work or furnishing materials | § 44-14-361.1(a)(2) |
| Copy to owner | No later than 2 business days after filing, by registered or certified mail or statutory overnight delivery | § 44-14-361.1(a)(2) |
| Copy to contractor | Also required when a notice of commencement was filed | § 44-14-361.1(a)(2) |
| Lien action | Commence within 365 days from filing the claim of lien | § 44-14-361.1(a)(3) |
| Notice of commencement of action | File with the clerk within 30 days after starting the lien action | § 44-14-361.1(a)(3) |
| Affidavit of nonpayment | Within 90 days after signing a waiver if you were not paid | § 44-14-366 |
| Cap | All liens together cannot exceed the contract price of the improvements | § 44-14-361.1(e) |
| Public projects | No lien; claims go against the payment bond | See the agency |
Who has lien rights in Georgia
Section 44-14-361.1 lists the parties who can claim: a mechanic, contractor, subcontractor, materialman, machinist, manufacturer, registered architect, registered forester, registered land surveyor, registered professional engineer, registered interior designer, or other person furnishing labor, services, or materials. Lower-tier subs and suppliers to subs can enforce liens too; § 44-14-361.1(d) says the contractor in direct contract with them is not a necessary party to the enforcement case, though it may be joined or may intervene. Design and survey professionals file within 90 days after furnishing their services.
Notice of commencement and preliminary notice
Two up-front notices matter. Under § 44-14-361.5, the owner, its agent, or the contractor may file a notice of commencement with the superior court clerk no later than 15 days after the contractor physically starts work, and post a copy on the site. Once one is filed, a claimant with no contract with the prime contractor (a sub-sub, or a supplier to a sub) must send a notice to contractor to the owner and the contractor at the addresses in the notice of commencement, within 30 days after the notice of commencement is filed or 30 days after its first delivery to the property, whichever is later. The statute makes that notice a step to "make good" the lien, so treat it as mandatory. Separately, § 44-14-361.3 lets a claimant file an optional preliminary notice of lien rights with the clerk within 30 days after first furnishing, but the lien can be enforced without it. The notice of commencement is also where you get the contractor's address for the copy of the claim of lien that § 44-14-361.1(a)(2) requires.
Filing and sending the claim of lien
Use the statutory language. The claim states who is claiming, the amount, the property and owner, and the date the claim became due, which is the last date labor, services, or materials were supplied. It must include a statement about its expiration under § 44-14-367 and a notice telling the owner it has the right to contest the lien. Leaving either out invalidates the lien. Within two business days after filing, mail a true copy to the owner by registered or certified mail or statutory overnight delivery. If the owner is an entity on file with the Secretary of State's Corporations Division, mailing to its address or registered agent's address on file satisfies the rule. If the owner's address cannot be found, send it to the contractor as the owner's agent.
A claim can be amended at any time to reduce the amount, and the amendment relates back to the original filing date (§ 44-14-361.1(a.1)). Example: a site concrete sub pours its last sidewalk on an Alpharetta retail pad on August 14 and is owed $48,750. The claim of lien must be filed with the Fulton County superior court clerk within 90 days, by November 12, and the owner copy has to be in the mail within two business days of that filing.
The lien action and notice of commencement of action
Under § 44-14-361.1(a)(3), the claimant must commence a lien action for the amount of its claim within 365 days from filing the claim of lien. Within 30 days after starting the action, file a notice with the clerk where the lien was recorded. The notice names the then-owner, references a deed in the chain of title, identifies the court or arbitration venue, the case style and number, the filing date, and the book and page of the lien. It must be executed under oath, although a missing oath is an amendable defect. A separate lis pendens is not required. If the contractor you dealt with absconds, dies, leaves the state, or goes bankrupt, or if your contract has a pay-if-paid clause, § 44-14-361.1(a)(4) lets you proceed directly against the property, with judgment limited to the property. An owner who has paid can raise those payments as a defense.
Lien waivers: statutory forms with a 90-day clock
Georgia's lien waiver rules are in § 44-14-366, as amended by Senate Bill 315 in 2020. Key points from the enrolled bill:
- No advance waivers. A right to claim a lien or a bond claim cannot be waived before the labor, services, or materials are furnished.
- Only the statutory forms count. A statement waiving lien or bond rights is not enforceable unless it is on the statutory Interim Waiver and Release (for progress payments) or the Waiver and Release upon Final Payment, and the claimant has been paid as the statute provides.
- Waivers cover lien and bond rights only. They do not affect the claimant's other rights or remedies, such as a contract claim.
- The 90-day clock. A signed waiver is deemed paid on the earliest of actual receipt of the funds, a separate written acknowledgment of payment, or 90 days after the waiver is signed, unless within those 90 days you file a claim of lien or an affidavit of nonpayment in the county where the property is located.
- Notify the owner. Within seven days of filing an affidavit of nonpayment, send a copy to the owner, and to the contractor at the notice of commencement address if you are not in privity with the owner.
This is why many Georgia subs keep a log of every waiver signed with the date, amount, and whether the check cleared. A waiver signed for a payment that never arrives becomes a real waiver on day 91. A lien waiver tracking template helps.
Residential work and public projects
The parts of the Georgia lien statute reviewed for this page do not create a separate deadline track for owner-occupied homes, but owners can defend by showing payments were applied as the law requires, and total liens cannot exceed the contract price. Licensing for residential and general contractors is covered in the Georgia contractor license guide.
Public property in Georgia is not subject to mechanics liens. Subs and suppliers on public jobs look to the contractor's payment bond under Georgia's public works bond law, which has its own notice and suit deadlines; get the bond from the public owner at the start of the job and confirm the deadlines with the agency. Also see Georgia prompt payment and Georgia prevailing wage.
Frequently asked questions
How long do I have to file a lien in Georgia?
Within 90 days after completing the work or furnishing the materials, in the office of the clerk of the superior court of the county where the property is located. Send a copy to the owner within two business days after filing (O.C.G.A. § 44-14-361.1).
How long do I have to enforce a Georgia lien?
Commence the lien action within 365 days from filing the claim of lien, and file a notice of commencement of the action with the clerk within 30 days after starting it (§ 44-14-361.1(a)(3)).
What happens if I sign a Georgia lien waiver and do not get paid?
The waiver is deemed paid 90 days after you sign it unless, before then, you file a claim of lien or an affidavit of nonpayment in the county where the property is located (§ 44-14-366 as amended by SB 315). Send the owner a copy of the affidavit within seven days.
Does a Georgia lien waiver release my breach of contract claim?
Under § 44-14-366 as amended by SB 315, statutory waivers are limited to lien and labor or material bond rights and do not affect the claimant's other rights or remedies.
Does Georgia require a preliminary notice?
Not as a general rule. The preliminary notice of lien rights under § 44-14-361.3 is optional. But if a notice of commencement has been filed, a claimant with no contract with the prime contractor must send a notice to contractor to the owner and contractor within 30 days after that filing or 30 days after its first delivery, whichever is later (§ 44-14-361.5).
Sources
- Office of the Governor of Georgia: Senate Bill 315 (2020), amending O.C.G.A. § 44-14-366
- O.C.G.A. § 44-14-361.1: Creation and perfection of liens (statute text via FindLaw, current as of March 2024)
- O.C.G.A. § 44-14-361.3: Preliminary notice of lien rights (statute text via FindLaw, current as of March 2024)
- O.C.G.A. § 44-14-361.5: Notice of commencement and notice to contractor (statute text via FindLaw, current as of March 2024)
Laws and rates change. Confirm current requirements with the state agency before you bid, file, or pay. This page is general information, not legal advice.