Georgia Mechanic's Lien Deadlines

Contractor — Claim of Mechanic Lien Filing (§44-14-361.1(a))

Under Georgia law, contractors, land surveyors, professional engineers, architects, landscape architects, and materialmen in direct privity with the owner must record a Claim of Mechanic Lien within 90 days of providing the last material or labor on the project. §44-14-361.1(a).

The contractor must send a copy of the mechanic lien to the owner (or the general contractor as agent of the owner) by registered or certified mail. The 90-day period is measured from the date of last furnishing labor, services, or materials, not from the invoice due date.

Subcontractor — Claim of Mechanic Lien Filing (§44-14-361.1(a))

Subcontractors, sub-subcontractors, materialmen, and laborers must also record their Claim of Mechanic Lien within 90 days of providing the last material or labor on the project. §44-14-361.1(a).

Within 2 business days of filing the Claim of Mechanic Lien, the claimant must send a copy by registered or certified mail or statutory overnight delivery to the owner of the property. If the owner's address cannot be found, the copy may be sent to the contractor as the agent of the owner. If the property owner is an entity on file with the Secretary of State, sending a copy to the entity's address or the registered agent's address satisfies this requirement.

Recording Location and Requirements

The Claim of Mechanic Lien must be recorded with the Clerk of Superior Court in the county where the project is located. The mechanic lien attaches to the real property improved and must contain the statutory information required under Georgia law.

The debt is considered due upon the last delivery of work, not the due date stated on the contract or invoice. This is an important distinction for calculating the 90-day filing deadline.

Mechanic Lien Waiver Retraction

Under Georgia law, 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.

This unique provision allows claimants who provided a mechanic lien waiver in anticipation of payment to restore their mechanic lien rights if payment is not received within the expected timeframe.

Public Projects — No Mechanic's Lien Available

Mechanic's liens cannot be filed against public property in Georgia. On public construction projects, unpaid subcontractors, materialmen, and laborers must pursue payment through payment bond claims under O.C.G.A. §13-10-1 et seq. and §36-10-1 et seq.