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A mechanic's lien is a legal document used by contractors, subcontractors, and suppliers to secure payment for work completed on a construction project. Filing a mechanic's lien essentially states that:
- You're owed money for services provided
- You're expecting payment by a specific date
- You'll proceed with litigation if you don't receive payment by that date
While a lien is in place, it restricts the owner from selling, refinancing, or transferring the property without paying you. That pressure makes liens one of the most powerful payment tools available—especially for subcontractors and suppliers.
Mechanic's lien laws vary significantly by state, with different rules governing who can file a lien, what notices are required, and timelines for filing and enforcement. This guide covers the essentials of Georgia's mechanic's lien laws to help you protect your right to payment.
Optional Preliminary Notice of Lien Rights may be filed within 30 days after first furnishing
Required only if a Notice of Commencement is filed; must send a Notice to Contractor within 30 days of the Notice of Commencement filing or first furnishing (whichever is later)
Required only if a Notice of Commencement is filed; must send a Notice to Contractor within 30 days of the Notice of Commencement filing or first furnishing (whichever is later)
Not required
Not required
Not required
Within 90 days after the last day of work
Within 90 days after the last day work/materials were furnished
Within 90 days after the last day of work
Within 365 days after the lien filing date
Within 365 days after the lien filing date
Within 365 days after the lien filing date
Unpaid amount due under the contract
Unpaid amount due under the contract
Unpaid amount due under the contract
The 2024 Code of Georgia, Title 44, Chapter 14, Article 8, Part 3 covers everything construction teams need to know about lien rights. It's important to note that these statutes apply only to work on private projects; for public projects with contracts exceeding $100,000, GCs are required to furnish performance and payment bonds.
When it comes to Georgia's mechanic's lien law, there are a few key nuances worth noting upfront:
- Conditional preliminary notice requirements: Subcontractors, suppliers, and laborers may be required to send a preliminary notice, but only if a Notice of Commencement is filed on the project. If no Notice of Commencement is filed, this requirement remains optional.
- Specific lien language: Georgia requires strict statutory language to appear on the face of the Claim of Lien itself, including a bold expiration statement and notice to the owner of their right to contest the lien.
- A layered enforcement process: Filing a lien action in Georgia is more complex than in other states. Claimants must file an additional notice after starting a lien action, and owners or general contractors can record a Notice of Contest of Lien to shorten the standard enforcement deadline.
More on all of this below.
In Georgia, mechanic's lien rights extend to all parties listed in GA Code § 44-14-361, including:
- General (original) contractors
- Subcontractors and lower-tier subcontractors
- Material suppliers and vendors
- Laborers and workers
- Mechanics
- Registered architects
- Registered foresters
- Registered land surveyors and professional engineers
- Machinists and machinery manufacturers, including corporations
- Suppliers furnishing rental tools, supplies, or equipment
- Registered interior designers
Georgia lien law excludes suppliers who furnish materials to other suppliers from claiming a mechanic’s lien in the state.
To be eligible for a mechanic's lien in Georgia, your work or materials must constitute “labor, services, or materials” for work on private property in the categories of building, repairing, improving, or furnishing materials (GA Code § 44-14-361(a)-(b)).
Here are examples of what’s considered lienable and what isn’t.
Lienable Work in Georgia
- On-site construction labor and trade work that improves real property
- Materials furnished for the improvement of the property
- Rental tools, appliances, machinery, or equipment used in making improvements
- Architectural services by registered architects
- Registered forester services, either furnished or performed
- Registered land surveying or registered professional engineering services (either furnished or performed)
Non-Lienable Work in Georgia
- Work on public property
- Purely administrative overhead that doesn’t improve the property
- Work or materials unrelated to the improvement of the property
Before filing a deadline in Georgia, make sure you’ve met the preliminary notice requirements for your role (see table above).
Deadline to File
All claimants must record a Claim of Lien within 90 days after the completion of the work, furnishing of services, or furnishing of materials or machinery (as applicable) (GA Code § 44-14-361.1(a)(2)).
Filing Requirements
- Filing location: Record the Claim of Lien at the office of the clerk of the Superior Court in the county where the property is located.
- Form requirements: The Claim of Lien must substantially follow the content provided under GA Code § 44-14-361.1 and include key items like:
- The claimant’s name and role
- The amount of the lien claim
- A general property description
- The last day of work/delivery of materials
- This statement in 12-point, bold font: “This claim of lien expires and is void 395 days from the date of filing the claim of lien if no notice of commencement of lien action is filed in that time period.” (GA Code § 44-14-367)
- Notice language to the owner regarding their right to contest the lien (GA Code § 44-14-361.1(a)(2))
- Verification: A Georgia Claim of Lien does not need to be notarized.
- Filing fee: Yes, but specific fees vary by county.
Service Requirements
After filing a mechanic’s lien in Georgia, claimants must send a copy to the property owner within two business days via registered mail, certified mail, or overnight delivery. For entity owners filed with the Secretary of State's Corporations Division, send the notice to the entity or its registered agent. (If you can’t locate the owner’s address, you can send it to the GC instead.)
Recording a lien preserves your rights—but enforcement is how you get paid. Here’s what you must do to ensure you enforce your lien in Georgia.
Enforcement Procedures
- Deadline to enforce: Within 365 days after the lien claim is filed.
- Filing location: With the clerk of the Superior Court in the county where the lien was filed.
- Additional recording requirement: Within 30 days after commencing the lien enforcement action, the lien claimant must record a Notice of Commencement of Lien Action with the clerk of the Superior Court in the county where the lien was filed. This recorded notice links the enforcement action to the previously recorded lien and replaces the need to file a separate lis pendens.
- Lien priority: Among lien claimants, Georgia liens generally rank by the date they’re filed. Georgia mechanic’s liens are also inferior to tax liens, general and special liens of laborers, general liens of landlords, and claims of purchase money.
Lien Release Requirements
Georgia law does not specify a formal lien release procedure. Once the claim is resolved, the cleanest practice is for the lien claimant to sign and record a written satisfaction of the Claim of Lien with the Superior Court clerk where the lien was recorded so the title can be cleared.
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Georgia’s lien statutes don’t address licensing as a condition to filing a lien. However, licensing issues can affect enforceability in some situations, so if this is a concern on your project, it’s worth getting Georgia-specific legal advice before you leverage your lien rights.
Yes, anyone from the GC down the chain to laborers can file a mechanic’s lien for their work on construction projects in Georgia.
Yes, but only as it applies to the enforcement window. In Georgia, the owner (and certain other parties) can record and serve a Notice of Contest of Lien, which cuts the time to enforce a lien from 365 days to 60 days from the date the notice was received (GA Code § 44-14-368(a)).
If you receive one of these, you must also still record the required Notice of Commencement of Lien Action within 30 days after starting the lien action (GA Code § 44-14-368(a)).
No, a Notice of Intent (NOI) isn’t required by any party on private construction projects in Georgia.
A preliminary notice is required for subcontractors, lower-tier contractors, suppliers, and laborers if a Notice of Commencement is filed on the project. In this case, the preliminary notice must be submitted within 30 days after first providing labor, services, or materials.
The following requirements must also be met when submitting a preliminary notice (per GA Code § 44-14-361(3):
- List the claimant’s name, address, and phone number
- List the GC or payer’s name and address
- List the owner’s name and general property description
- Include a description of the labor, services, or materials provided or to be provided
- File it with the clerk of the superior court in the county where the property is located
- Submit a $5 fee
- Send a copy to the payer or owner via registered mail, certified mail, or overnight delivery within seven days of filing (contractors can skip this step)
Yes. Georgia requires parties to complete specific, statutory lien waiver forms for both progress payments and final payments. You can learn about the nuances of these forms in our comprehensive Georgia lien waiver guide.
In Georgia, a mechanic’s lien generally covers the amount due and owing to the lien claimant under the terms of its contract, subcontract, or purchase order. This can include:
- Labor performed
- Materials or supplies furnished for the improvement
- Qualifying rental equipment used on the project
- Interest on the principal amount due, where applicable
One important limitation: the aggregate amount of liens on a project generally cannot exceed the contract price for the improvements or services performed. (GA Code § 44-14-361.1(e))
One special note: If you receive partial payment after filing a lien, you can amend your Claim of Lien anytime to reflect this. Follow the text specified in GA Code § 44-14-361.1 and send a copy to the property owner, entity, or registered agent, just as you did with the copy of your original Claim of Lien.
No. Georgia lien law recognizes amounts due under an express or implied contract, subcontract, or purchase order (GA Code § 44-14-361(c)). That said, a written contract is still best practice as it makes your scope, price, and payment terms much easier to prove.
A Notice of Commencement is a document that may be filed at the start of a construction project to identify key project parties. In Georgia, it may be submitted by the property owner, the owner’s agent, or the GC within 15 days after work physically begins on the project (GA Code. § 44-14-361.5).
If filed, the Notice of Commencement must include basic project information such as the contractor’s contact details, the project location and legal description, the owner’s information, and the name of any construction lender or surety, if applicable. A copy must also be posted at the job site and provided to any subcontractor, supplier, or laborer who requests it within 10 calendar days.
Filing a Notice of Commencement is optional and is not required to preserve lien rights. Its primary effect is procedural as it triggers additional notice requirements for certain subcontractors, suppliers, and laborers.
Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Always consult with a qualified construction attorney in your state regarding specific legal matters before taking any action that could affect your lien rights.