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Georgia Lien Law

Step-by-step information for subcontractors and material suppliers.

A Notice to Owner (or Notice to Contractor) must be filed in order to preserve lien rights in Georgia, if the owner has filed a Notice of Commencement. Just to be on the safe side, many subcontractors and material suppliers go ahead and file a Notice to Owner/Contractor, regardless of the owner’s action.

Here are the steps you need to take in order to protect your rights under Georgia's construction lien law.

If a Notice of Commencement is recorded and posted:

  • Step 1: If you are a potential lienor who does not have a direct contract with either the owner or the general contractor, you must give a Notice to Owner within 30 days of first starting work or delivering materials.
  • Step 2: Record a Preliminary Notice of Lien Rights within 30 days of starting work or delivering materials, and send it to the general contractor or owner within seven days of recording.
  • Step 3: Record a Claim of Lien within 90 days of the last day of work or delivery of materials, and send a copy to the general contractor and owner.
  • Step 4: File a lawsuit and Notice of Lawsuit within 365 days from the lien recording date. The Notice of Lawsuit alerts the public that you have filed a lawsuit that may affect title to the property.

If a Notice of Commencement is NOT recorded or posted:

  • If no Notice of Commencement has been recorded or posted, a potential lienor may go directly to lien. Skip steps 1 and 2 above, and follow Steps 3 and 4.
  • A Contractors Sworn Affidavit will not affect a potential lienor’s rights, if no Notice of Commencement has been recorded or posted.

This is a very general description of a subcontractor's obligations under Georgia’s construction lien law. If there is any doubt, an attorney should be consulted.

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