Learn More>>Georgia Lien Law >>Georgia Lien Overview

Georgia contractors, as well as others specified in the Georgia lien statutes, may file liens against contractors who do not pay invoices for work performed on a private property.

The process for filing a lien in Georgia is governed by O.C.G.A. 44-14-361, et. seq. The construction lien that is used in Georgia to secure the work performed by a contractor or a material provider to a construction project in Georgia is called a materialman's lien. (Read the Georgia Lien Statutes).

The Georgia lien law is extremely technical and Georgia courts are very strict about making contractors follow the letter of the law very closely when filing liens in Georgia. For instance, a lien must be filed within three months from the last time the contractor was on the property performing work. Additionally, there are certain notice requirements that must be met to make a Georgia construction lien valid.

While the clock runs for the deadline for the initial filing of the lien from the date that the contractor was last on the job, there is another deadline that runs from the date that the invoice became due. Once a lien is filed, a lawsuit must be filed within one year from the date that the debt became due in Georgia--not one year from the date of the lien filing. Many Georgia contractors file their own liens in a timely manner only to contact the Georgia construction lawyer too late to file an effective lawsuit to foreclose on a materialman's lien.

Needless to say, Georgia lien law is tricky and not forgiving to mistakes. The reasoning for the strictness of Georgia courts when applying Georgia lien law is because Georgia courts view liens as hindrances against a landowner's rights to convey that piece of property as they wish. However, the Georgia legislature wants to allow a limited remedy for contractors who work on property and do not get paid and wrote O.C.G.A. 44-14-361, et. seq. (Georgia Lien Statutes) to provide a statutory remedy for contractors who have not been paid that is what lawyers say is "in contradiction with the common law". Because the Georgia lien statutes go "against the common law", Georgia courts interpreting Georgia lien law make contractors go strictly by the book when filing a construction lien and prosecuting a construction lien. One mistake and the construction lien can be cancelled and the contractor's only remedy becomes a breach of contract lawsuit.