Learn More>>Georgia Lien Law >>Government Projects

A common question that we get from contractors is "How do I file a lien in Georgia on a government project?" The answer is that a contractor cannot file a lien in Georgia on a government project--whether it be a county project, a state project, or a federal project. The reasoning behind why a contractor cannot file a lien on a government project is because all of us, as taxpayers, own the land or buiding that a contractor would be attempting to lien.

Because contractors cannot lien government projects, special statutes have been created that provided to protect a contractor on government projects. The Miller Act, a piece of federal legislation, was implemented to provide the contractor with a means of protection on a federal government project. For instance, when a general contractor gets a contract to build a federal building, he is required to bond that project and payment bonds are in place that provide protection to the contractor. If a contractor is not paid for work performed on a federal government project, he has rights under the Miller Act to collect on the monies owed to him.

Likewise, if a contractor performs services or provides materials to a state, city, or county project, that contractor has rights under what is known as the Little Miller Act which basically operates much the same as the Miller Act and allows a contractor to seek payment under the provisions of the Little Miller Act and to collect on bonds that are in place for the contractor's protection since he has no lien rights as it relates to a state project.

There are important time deadlines that must be adhered to when prosecuting a case under the Miller Act or Little Miller Act and one should consult an attorney very early in the process if he is experiencing payment problems with a contractor on a government project.