Georgia Mechanics Lien Statutes: Deadlines, Venues & Citations
Where Georgia liens are filed and enforced
A Georgia mechanics lien is filed with the Clerk of Superior Court in the county where the project sits — 90 days from last date of furnishing. Filing in the wrong county does not perfect the claim, which matters on projects that straddle county lines. Those are two different clocks against two different offices, and Georgia claimants lose rights far more often by missing the second one than the first.
Georgia deadlines by claimant role
For subcontractors and suppliers: Preliminary notice — 30 days from first furnishing (O.C.G.A. § 44-14-361.5); Record the lien — 90 days from last furnishing (O.C.G.A. § 44-14-361.1); file suit — 365 days from lien recorded (O.C.G.A. § 44-14-361.1); bond notice — 90 days from last furnishing (O.C.G.A. § 13-10-65); file suit — 1 years from last furnishing (O.C.G.A. § 13-10-65); miller act notice — 90 days from last furnishing (40 U.S.C. § 3133(b)(2)). For general contractors: Record the lien — 90 days from last furnishing (O.C.G.A. § 44-14-361.1). For owner: record notice of commencement — 0 days from contract execution (O.C.G.A. § 44-14-361.5). For design professionals: Record the lien — 90 days from last furnishing (O.C.G.A. § 44-14-361). Every window runs from the claimant's own dates, not the unpaid invoice date.
Rules specific to Georgia
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. File claim of lien within 90 days of last furnishing of labor or materials. File claim of lien within 90 days. Must also send copy to owner within 2 business days. File suit to enforce lien within 365 days of lien filing. Lien expires if not enforced within 1 year. Written notice within 90 days of last furnishing. Payment bond is exclusive remedy on public projects. File suit on payment bond within 1 year of last furnishing. No sooner than 90 days, no later than 1 year from last furnishing. 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.
How Georgia notices must be served
Georgia requires 30 days after noc — Notice to Contractor. Accepted delivery for the notices tracked here: Written notice; Must be recorded in the county where the project is located; Certified Mail, Return Receipt Requested. Service runs to the Owner. Keep the proof of service in the project file — Georgia disputes over whether a notice was properly served are decided on that documentation.
Public projects in Georgia
No lien attaches to public property in Georgia. On public state local and public federal work the remedy is a payment bond claim instead — bond notice within 90 days of last furnishing, served on the Prime Contractor and Surety (O.C.G.A. § 13-10-65). 4 public-project deadlines are tracked for Georgia.
Georgia statute citations
The Georgia deadlines above come from O.C.G.A. § 44-14-361.5, O.C.G.A. § 44-14-361.1, O.C.G.A. § 13-10-65, 40 U.S.C. § 3133(b)(2), 40 U.S.C. § 3133(b)(1), O.C.G.A. § 13-11-4, O.C.G.A. § 13-11-6, O.C.G.A. § 44-14-361. Statutes are amended periodically — verify current text before relying on any date, and consult a licensed Georgia construction attorney on a specific project.
Frequently Asked Questions
How long do you have to file a mechanics lien in Georgia?
90 days — From last date of furnishing. The filing goes to the Clerk of Superior Court in the project's county. See O.C.G.A. § 44-14-361.1. The clock runs from the claimant's own last furnishing or completion, not the invoice date.
Where do you file a mechanics lien in Georgia?
With the Clerk of Superior Court in the county where the property is located. Recording in the wrong county does not perfect the lien.
Does Georgia require a preliminary notice?
Yes — 30 days after NOC. Notice to Contractor. Accepted service includes Written notice.
How long do you have to enforce a Georgia mechanics lien?
1 year — From filing. A recorded lien left unenforced past that window generally expires and can expose the claimant to slander-of-title risk if it stays on record.
Does Georgia allow a stop notice?
Yes. Georgia claimants can serve a stop notice within 90 days of last furnishing on the Construction Lender or Owner (O.C.G.A. § 44-14-361.1). It reaches project funds rather than the real property, and can run in parallel with the lien.