Learn More>>Georgia Lien Law >>Foreclosing On A Lien

It is often the case that when a construction lien is filed in Georgia that the contractor will get paid without having to file a lawsuit to foreclose on the underlying lien. However, an owner has options available to him when a lien is filed against a property that do not involve paying the contractor. For instance, the owner can tender the amount of money alleged in the lien into the court (two times the amount of the property is a commercial property), and then wait out the contractor to see if he will foreclose on the lien. Then, after one year, if a lawsuit has not been filed, the contractor can make motions to the court to request that the lien be cancelled and seek the return of his (your) money.

To prevent this from occurring, a contractor must sue on his construction lien within one year that the debt became due--repeat--within one year from the date that the debt first became due.