Georgia Mechanic Lien Law: Complete Guide
Your Complete Guide to Mechanic's Lien Rights Under O.C.G.A. §44-14-360 et seq. — Private Works, Payment Bonds & Public Projects
Georgia mechanic lien deadline table with toggles for project type and claimant type.
Georgia Preliminary Notice & Mechanic Lien Deadlines
Select your project type and role to see the deadlines that apply to you.
Prime Contractor — In privity with the property owner
Record within 90 days after last furnishing.
Commence action within 365 days of filing the Claim of Lien.
Preliminary Notice
Mechanic Lien
Record within 90 days after last furnishing.
Enforcement
Commence action within 365 days of filing the Claim of Lien.
Georgia Mechanic Lien Law Overview
Georgia construction mechanic lien rights are governed by the Official Code of Georgia Annotated (O.C.G.A.) §44-14-360 et seq. This statutory framework protects the payment rights of contractors, subcontractors, sub-subcontractors, materialmen, laborers, land surveyors, professional engineers, architects, and landscape architects who furnish labor, services, or materials for the improvement of real property in the State of Georgia.
A critical first step under Georgia mechanic lien law is the Notice of Commencement. Contractors must file a Notice of Commencement with the Clerk of Superior Court in the county where the project is located within 15 days of work commencing. §44-14-361. This notice is not required if there are no subcontractors on the job. Subcontractors in privity with the general contractor may file an optional Preliminary Claim of Mechanic Lien within 30 days of first delivery, while those not in privity must provide mandatory notice to the contractor and owner within 30 days of first delivery. §44-14-361.5(c).
The Georgia mechanic lien law establishes a structured system of preliminary notices, mechanic lien recording deadlines, and enforcement timelines that must be strictly followed. All claimants must record their Claim of Mechanic Lien within 90 days of providing the last material or labor, and must file suit to enforce the mechanic lien within 365 days of mechanic lien filing. Georgia also provides separate payment bond claim procedures for private projects where the owner requires a bond (O.C.G.A. §10-7-31) and public projects (O.C.G.A. §13-10-1 et seq., §36-10-1 et seq.).
National Lien & Bond provides authoritative guidance on every aspect of Georgia construction mechanic lien compliance, from Notice of Commencement requirements through private and public bond claims and mechanic lien enforcement proceedings.
Georgia Notice Requirements
Notice obligations that must be satisfied before filing a mechanic lien in Georgia.
In Georgia, the only preliminary document filed with the Clerk of Superior Court is the Notice of Commencement, which is filed by the general contractor or owner within 15 days of work commencing. O.C.G.A. §44-14-361. Subcontractors, suppliers, and remote claimants do not file any preliminary notice with the court.
A subcontractor, supplier, or remote claimant not in privity with the general contractor must serve a Notice to Contractor on both the owner and the prime contractor within 30 days of first furnishing labor or materials — but only if a Notice of Commencement was filed. O.C.G.A. §44-14-361.5. If no Notice of Commencement is on file, the Notice to Contractor is not required to preserve lien rights.
First-tier subcontractors and suppliers in privity with the general contractor may optionally file a Preliminary Claim of Lien with the Clerk of Superior Court within 30 days of first furnishing. This filing is not required but is recommended as a best practice to protect against a false affidavit by the general contractor.
After filing the Claim of Lien within 90 days of last furnishing, the claimant must serve a copy on the property owner by registered mail, certified mail, or statutory overnight delivery within 2 business days of filing. On public projects, the claimant must serve a Notice to Contractor on the general contractor within 90 days of last furnishing to preserve payment bond rights under O.C.G.A. §13-10-63.
How to File a Mechanic Lien in Georgia: Step-by-Step
An overview of the statutory process — each step is technical and typically handled by an attorney.
- 1
Confirm whether a Notice of Commencement was filed: Search the Clerk of Superior Court records in the county where the project is located. The Notice of Commencement is filed by the general contractor or owner within 15 days of work commencing. O.C.G.A. §44-14-361. If none is on file, no preliminary notice is required to preserve lien rights.
- 2
Serve preliminary notice if required: A subcontractor, supplier, or remote claimant not in privity with the general contractor must serve (not file) a Notice to Contractor on both the owner and the prime contractor within 30 days of first furnishing, but only if a Notice of Commencement was filed. O.C.G.A. §44-14-361.5. First-tier subs in privity with the GC may optionally file a Preliminary Claim of Lien with the Superior Court Clerk within 30 days of first furnishing as protection against a false affidavit.
- 3
Document all work: Maintain records of every date of furnishing, all labor performed, all materials delivered, quantities, values, and invoices. This documentation is essential to establish the amount of your lien.
- 4
Calculate your last day of furnishing: Determine the date on which you last furnished labor or materials. Your 90-day Claim of Lien filing deadline runs from this date.
- 5
Prepare and file the Claim of Lien: Within 90 days of last furnishing, file a Claim of Lien with the Clerk of Superior Court in the county where the property is located. The claim must include the amount owed, a description of the labor or materials, the name of the property owner, and a description of the property. O.C.G.A. §44-14-361.1.
- 6
Serve the owner: Within 2 business days of filing, serve a copy of the Claim of Lien on the property owner by registered mail, certified mail, or statutory overnight delivery.
- 7
Commence enforcement within 365 days: File a civil action in the Superior Court to enforce the lien within 365 days of the date the Claim of Lien was filed. Failure to timely commence the action discharges the lien. O.C.G.A. §44-14-361.1(a)(2).
- 8
File the Notice of Institution of Suit: Within 30 days of filing suit, file a Notice of Institution of Suit with the Clerk of Superior Court where the Claim of Lien was recorded.
Topics on This Page
Georgia Mechanic Lien Law: Key Topics
Navigate the critical compliance areas for Georgia construction mechanic lien law.
Notice Requirements
Notice of Commencement, preliminary notice obligations for subcontractors, and public works bond notice requirements under Georgia law
Mechanic Lien Deadlines
90-day Claim of Mechanic Lien recording requirements, service of mechanic lien copy to owner, and mechanic lien filing procedures
Mechanic Lien Enforcement Deadlines
365-day suit deadline, Notice of Institution of Suit, bond claim enforcement, and public works suit timelines
Frequently Asked Questions
What statute governs mechanic's liens in Georgia?
Private works mechanic's lien rights are governed by O.C.G.A. §44-14-360 et seq. Private bond claims fall under O.C.G.A. §10-7-31. Public works bond claims are governed by O.C.G.A. §13-10-1 et seq. and §36-10-1 et seq.
What is the Notice of Commencement in Georgia?
The Notice of Commencement is filed by the contractor with the Clerk of Superior Court in the county where the project is located within 15 days of work commencing. §44-14-361. It is not required if there are no subcontractors on the job.
What is the deadline to file a Claim of Mechanic Lien in Georgia?
All claimants must record their Claim of Mechanic Lien within 90 days of providing the last material or labor on the project. §44-14-361.1(a). The 90-day period is measured from the date of last furnishing, not the invoice due date.
How long do I have to enforce a Georgia mechanic's lien?
Suit must be filed within 365 days of the date the Claim of Mechanic Lien was filed of record. Within 30 days of filing suit, a Notice of Institution of Suit must be filed with the Clerk of Superior Court.
Can a mechanic lien waiver be retracted in Georgia?
Yes. A mechanic lien waiver previously provided to the owner or contractor can be retracted by filing an affidavit of nonpayment within 30 days after payment became due and was not paid to the claimant.
Can I file a mechanic lien on a public project in Georgia?
No. Mechanic's liens cannot be filed against public property in Georgia. Payment rights on public projects are secured through payment bond claims. Bonds are mandatory for contracts of $100,000 or more, and Georgia DOT projects require bonds over $50,000.