GA · Mechanics Lien Law
Georgia Mechanics Lien Law: Deadlines, Notices & Filing Guide
Georgia lien deadlines are governed by O.C.G.A. § 44-14-361.1(a)(2) for private work and § 36-91-92 for public projects. The 90-day filing deadline, conditional 30-day Notice to Contractor, and one-year enforcement period each key off different trigger dates.
Georgia mechanics lien deadlines at a glance
When the owner has filed a Notice of Commencement, subcontractors and suppliers not in direct contract with the prime contractor must serve a Notice to Contractor on both the owner and prime contractor within 30 days of first furnishing labor or materials to preserve lien rights. This notice requirement is triggered only when a Notice of Commencement has actually been filed.
A Georgia claim of lien must be filed in the superior court of the county where the property is located within 90 days after the claimant ceased furnishing labor, services, or materials, under O.C.G.A. § 44-14-361.1(a)(2). A copy of the filed lien must also be served on the owner within two business days of filing.
An action to enforce the claim of lien must be commenced within 365 days from the date the lien was filed for record, and a Notice of Lien Action (lis pendens) must be recorded with the clerk of superior court within 30 days of filing suit.
On Georgia public projects, a claimant without direct privity with the prime contractor must give written notice of its bond claim to the prime contractor and surety within 90 days from the date the claimant last furnished labor or materials, generally sent by certified mail or statutory overnight delivery.
Primary statute
O.C.G.A. § 44-14-361.1(a)(2) · O.C.G.A. § 36-91-92
Who can file a mechanics lien in Georgia?
Georgia lien rights are available to general contractors, subcontractors, sub-subcontractors, material suppliers, and design professionals where the statute allows, provided they furnished labor, materials, or services to the improvement.
Overview of Georgia lien practice
Georgia lien practice hinges on whether the owner has filed a Notice of Commencement, because that filing triggers a mandatory 30-day Notice to Contractor requirement for subcontractors and suppliers who are not in direct contract with the prime contractor. Claimants who overlook this conditional notice, sent by certified mail or statutory overnight delivery, can lose lien rights even if they meet every other deadline. The underlying claim of lien itself must be filed in the superior court of the correct county within 90 days after the claimant last furnished labor or materials, and a copy must reach the owner within two business days of filing. Enforcement then requires action within 365 days of filing, paired with a Notice of Lien Action recorded within 30 days of filing suit, a step some claimants forget because it happens after the lawsuit itself begins. Public bond claims follow their own 90-day notice period for claimants outside privity with the prime. As always, confirming the correct county, the true owner of record, and the fact that federal property is not lienable remains sound practice in Georgia.
Common pitfalls on Georgia projects
Notice to Contractor only if commencement filed
The 30-day Notice to Contractor requirement is triggered only when the owner or prime has filed a Notice of Commencement.
Owner service deadline is only two days
A copy of the filed lien must reach the owner within two business days of filing under § 44-14-361.1(a)(4).
Lis pendens must follow the lawsuit
A Notice of Lien Action must be recorded with the clerk of superior court within 30 days of filing the foreclosure suit.
Certified delivery matters for bond notices
Bond claim notices to the prime contractor and surety should be sent by certified mail or statutory overnight delivery to establish proof of service.
Georgia mechanics lien FAQs
When must a mechanics lien be recorded in Georgia?
Within 90 days after the claimant ceased furnishing labor, services, or materials, filed in the superior court of the county where the property sits.
Is preliminary notice required in Georgia?
Only when the owner has filed a Notice of Commencement, in which case subcontractors and suppliers not in direct contract with the prime must send a Notice to Contractor within 30 days of first furnishing.
How long do I have to enforce a lien in Georgia?
An enforcement action must be commenced within 365 days of filing the lien, along with recording a lis pendens within 30 days of filing suit.
What about Georgia public projects?
Claimants without privity to the prime contractor must send written bond claim notice to the prime contractor and surety within 90 days of last furnishing.
Filing a Georgia mechanics lien or bond claim?
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This page is general information and not legal advice. Statutes change — verify against the official text linked above.