Georgia Construction Lien Guide
Deadlines • Notices • Filing Requirements • Step-By-Step Instructions
Georgia mechanics lien rights are governed by O.C.G.A. § 44-14-361 through § 44-14-369.
If you provide labor, materials, equipment, or improvements to real property in Georgia, this guide explains everything you need to protect your lien rights — deadlines, notice requirements, required forms, and how to file a Georgia mechanics lien step by step.
In Georgia, the terms Mechanics Lien, Materialman’s Lien, and Claim of Lien are commonly used to describe the same legal process.
LET’S LEARN THE BASICS ABOUT GEORGIA CONSTRUCTION LIEN:
⭐ Who Can File a Mechanics Lien in Georgia?
Georgia gives lien rights to anyone who improves real property, including:
· General contractors
· Subcontractors
· Sub-subcontractors
· Material suppliers
· Equipment rental companies
· Laborers
· Restoration and remediation contractors
· Architects, engineers, and design professionals
If you improve real property in Georgia by providing labor, materials, or services, you likely have lien rights.
⭐ Georgia Lien Deadlines (Critical)
LIEN IT OR LOSE IT! Georgia has strict deadlines, and missing just one can destroy your lien rights.
Georgia liens involve three major timing rules:
1️⃣ Lien filing deadline
2️⃣ Lien service deadline
3️⃣ Enforcement deadline
Deadline #1: to File a Georgia Mechanics Lien
In Georgia, you have to file the lien within 90 days of your last labor, materials, or services.
This deadline is strict. No exceptions.
If you miss the 90-day window → your lien will be invalid and unenforceable.
Deadline #2: Service of Georgia Recorded Lien
After recording the lien, you must serve it within 2 business days of filing the lien.
Service must be made on:
· The property owner
· The general contractor (if different from owner)
Service is typically done by:
· Certified mail
· Overnight delivery
· Personal service
Failure to timely serve the lien can invalidate it.
Deadline #3: to Enforce a Georgia Mechanics Lien
After recording your construction lien, you must enforce it by filing suit, within 1 year of the lien recording date. This is done by starting the foreclosure process against the property.
If you don’t file a foreclosure lawsuit within 12 months of the recording date, the lien automatically expires.
Before filing a lien in Georgia, it is critical to determine whether a Notice of Commencement was filed and whether you are required to send a Notice to Owner. Georgia’s notice rules depend heavily on whether the project is properly noticed.
⭐ Georgia Notice Requirements (Very Important)
Georgia does not require a Notice of Furnishing (like some states, but it does require a Notice to Owner on projects where a Notice of Commencement has been filed.
1. Notice of Commencement (Filed by Owner or GC)
The property owner or general contractor may file a Notice of Commencement at the start of a project.
If a Notice of Commencement IS filed, then most subs and suppliers must send a Notice to Owner to preserve lien rights.
If no Notice of Commencement is filed, no Notice to Owner is required.
2. Georgia Notice to Owner
Who Must Send a Notice to Owner?
Subcontractors
Sub-subcontractors
Material suppliers
Equipment rental companies
Who Does NOT Send One?
General contractors with a direct contract with the owner
Georgia Notice to Owner Deadline
If a Notice of Commencement exists, you must send the Notice to Owner within 30 days of first furnishing labor, materials, or services.
If you fail to send the Notice to Owner when required → you lose lien rights entirely.