How to File a Mechanics Lien in Georgia
Step 1 — Confirm you have lien rights in Georgia
Georgia's recorded rules cover subcontractors and suppliers, general contractors, design professionals (O.C.G.A. § 44-14-361.5). Each of those roles has its own filing window — see Step 3. Georgia rule detail: REQUIRED for sub-contractors and suppliers: serve 'Notice of Filing' within 30 days of first furnishing. No notice = loss of lien rights for work done before notice.
Step 2 — Send the Georgia preliminary notice
Georgia requires a preliminary notice 30 days after NOC, notice to contractor (O.C.G.A. § 44-14-361.1). It is a precondition, not a formality. It must reach Clerk of Superior Court and Owner and Prime Contractor and Surety and Prime Contractor and Construction Lender or Owner. Delivery: Must be recorded in the county where the project is located, Certified Mail, Return Receipt Requested. Georgia rule detail: File claim of lien within 90 days of last furnishing of labor or materials.
Step 3 — Your Georgia filing deadline
Georgia sets the window by claimant role: • Subcontractors and suppliers: within 90 days of your last day of work or materials. • General contractors: within 90 days of your last day of work or materials. • Design professionals: within 90 days of your last day of work or materials. The clock runs from last date of furnishing — not your invoice date. Punch-list and warranty callbacks generally do not restart it. Georgia rule detail: File claim of lien within 90 days. Must also send copy to owner within 2 business days.
Step 4 — Prepare and record the lien in Georgia
Record in the county where the property sits, under O.C.G.A. § 13-10-65. The document must identify the property, the owner of record, the amount actually owed, and what you furnished. Overstating the amount can void the claim outright. Georgia rule detail: File suit to enforce lien within 365 days of lien filing. Lien expires if not enforced within 1 year.
Step 5 — Serve the recorded Georgia lien
Georgia requires service on Clerk of Superior Court and Owner and Prime Contractor and Surety and Prime Contractor and Construction Lender or Owner. Use Must be recorded in the county where the project is located or Certified Mail, Return Receipt Requested and keep the receipt. In many states an unserved lien is unenforceable even though it appears on title. Georgia rule detail: Written notice within 90 days of last furnishing. Payment bond is exclusive remedy on public projects.
Step 6 — Enforce before the Georgia deadline expires
You must sue to foreclose within 1 year (filing) (40 U.S.C. § 3133(b)(2)). Miss it and the lien expires and title clears, leaving only a contract claim. Georgia rule detail: File suit on payment bond within 1 year of last furnishing.
Georgia stop notice option
Georgia also recognises a stop notice, which reaches undisbursed construction funds rather than the property itself (O.C.G.A. § 44-14-361.1). It can be used alongside a lien. Georgia rule detail: No sooner than 90 days, no later than 1 year from last furnishing.
Retainage rules that affect your Georgia claim
Georgia treats retainage on its own schedule (O.C.G.A. § 13-11-6), so money still held back may have a different due date than your progress billings. Georgia rule detail: Prime must pay sub within 10 days of receiving payment from owner (Georgia Prompt Payment Act). Interest at 1%/month on late payments after demand.
Other Georgia requirements that void liens
• Retainage released within 60 days of final completion and acceptance. 10% maximum retainage. • GA NOTICE OF COMMENCEMENT: Strongly recommended (and sometimes required) in Georgia. Owner/contractor records a Notice of Commencement with the Superior Court Clerk before work begins. Without a recorded NOC, the owner risks having to pay subs/suppliers directly even after paying the GC. The NOC triggers a 30-day window for subs to send Preliminary Notice, protecting the owner. • GA Design Professional Lien: Architects, engineers, surveyors, and landscape architects have mechanic's lien rights under Georgia law. Must serve preliminary notice within 30 days of first furnishing (same as other subs). File claim of lien within 90 days of last furnishing. • GA STOP NOTICE: Sub/supplier may serve written stop notice on construction lender or owner after preliminary notice. Freezes undisbursed construction loan funds. Filed within same 90-day period as lien recording. Requires prior 30-day preliminary notice to owner.
Frequently Asked Questions
How long do I have to file a mechanics lien in Georgia?
Georgia requires the lien to be recorded within 90 days, measured from last date of furnishing. The exact window depends on your role — subcontractors and suppliers: within 90 days of your last day of work or materials.
Do I need to send a preliminary notice before filing in Georgia?
Yes. Georgia requires a preliminary notice 30 days after NOC (notice to contractor). Failing to send it on time generally forfeits your lien rights entirely, regardless of how much you are owed.
Where do I file a mechanics lien in Georgia?
File with the county recorder's office in the county where the property is located. Filing in the wrong county does not preserve your deadline, and re-filing in the correct county after the deadline will not save the claim.
What happens if I miss the Georgia filing deadline?
Your lien rights are extinguished. Georgia courts do not grant extensions for missed mechanics lien deadlines. You would be left with a breach-of-contract claim against whoever hired you, which carries no security interest in the property and is far harder to collect.
How long does a mechanics lien last in Georgia?
Once recorded, you must file suit to enforce within 1 year (filing). If you do not, the lien expires automatically and no longer clouds the property's title.