Georgia Mechanics Lien: 90-Day Filing and 2-Day Service Rules

A Georgia mechanics lien — often called a mechanic's or materialman's lien — generally must be recorded within 90 days after the claimant completes its work or last furnishes labor, services, or materials. Record the claim with the clerk of superior court in the county where the property is located, then send the recorded claim to required recipients within two business days. To keep the lien alive, the claimant generally must commence an action for the debt within 365 days after recording and file a notice of that action in the lien records within 30 days after commencement.

Each clock runs independently. A day-90 recording still leaves the two-business-day delivery task, and preservation beyond the ordinary period requires a timely lien action.

For the document-preparation workflow and required records, start with the mechanics lien form guide.

Georgia mechanics lien deadlines at a glance

Action	General deadline	Why it matters
Record claim of lien	Within 90 days after claimant's completion/last furnishing	Late recording defeats the statutory lien
Send recorded claim	Within 2 business days after filing	Required notice to owner and, when applicable, contractor
Start action to recover the debt	Within 365 days after recording	Otherwise the lien expires by law
File notice of commencement of lien action	Within 30 days after starting the action	Preserves notice of enforcement in the county lien records

An owner or contractor may record a Notice of Contest of Lien, which can shorten the ordinary enforcement period to 60 days after receipt. Treat any contest notice as urgent.

Who may claim a lien in Georgia?

Georgia law extends lien rights to qualifying parties who furnish labor, services, or materials improving real estate, including contractors, subcontractors, material suppliers, laborers, certain professionals, and registered interior designers.

Public projects use bond and public-works remedies rather than a lien against public land. Projects involving tenants can also raise leasehold and owner-consent questions; do not assume work ordered by a tenant automatically reaches the owner's full interest.

Preliminary notices and the Notice of Commencement

Georgia's notice rules cannot be reduced to "no preliminary notice required." The project's Notice of Commencement and the claimant's tier affect the analysis.

For many subcontractors and suppliers, a preliminary Notice to Contractor may be required when a valid Notice of Commencement was timely filed and posted. The deadline is generally the later of 30 days after the Notice of Commencement is filed or 30 days after the claimant first furnishes labor, services, or materials. The notice identifies the claimant, hiring party, project, and expected contract value.

Before filing a lien, obtain and review:

The recorded Notice of Commencement, if any
Proof of when and where it was posted
Your contract and tier in the project
Any Notice to Contractor and proof of delivery
Payment affidavits, waivers, and contractor statements

A missing, late, or defective project notice can change which obligations apply. This is a high-value attorney-review issue because the effect depends on the statute and the facts.

How to calculate Georgia's 90-day deadline

Start with the claimant's last date of substantive contract performance — not the invoice date, payment due date, or project's grand opening.

Example

A supplier makes its final contracted delivery on March 4. It emails an invoice on March 20 and sends a collection letter on April 15. The 90-day clock ordinarily runs from the March 4 furnishing date, not either communication.

Do not rely on minor warranty work, corrective work, or a token delivery performed merely to extend time. If the last-furnishing date is disputed, calculate from the earliest defensible date and file sooner.

What the Georgia claim of lien should contain

Georgia requires more than an amount and street address. A claim generally needs:

Correct legal name of the claimant
Name of the owner
Name of the person or entity indebted to the claimant
Amount claimed to be due
Description of the labor, services, or materials furnished
Property description sufficient to identify the real estate
Dates relevant to the claimant's work
Required statutory notice language on the face of the claim
Proper signature and execution

Use the legal description from a recorded deed or reliable title record. Do not assume the mailing address alone is sufficient. Compare the claim amount against the contract, approved changes, payments, credits, and lienable value.

Georgia courts require strict compliance with the statutory filing procedure even though the claim need only follow the statutory form "in substance." In Robertson v. Ridge Environmental, LLC, the Court of Appeals emphasized that O.C.G.A. § 44-14-361.1 is strictly construed and examined whether the recorded claim and later debt action matched the contracting relationship. Names, the party to whom materials were furnished, the due date, property description, amount, and later defendant are functional facts, not decorative form fields.

Owner payments can cap what a lower-tier claimant recovers

A subcontractor's open ledger establishes only the debt side of the calculation. Georgia's lien framework limits aggregate liens to the contract price between the owner and contractor, and O.C.G.A. § 44-14-361.1 allows an owner to prove payments of the agreed price that were properly applied under the statute. Depending on the payment history and statutory affidavits, a paid owner may have a defense even though the general contractor failed to pass funds downstream.

Before stating the lien amount, reconstruct two ledgers:

Claimant ledger: earned amount, approved changes, payments, credits, and balance owed by the hiring party.
Owner-to-contractor ledger: prime contract price, owner payments, remaining balance, and the affidavits or waivers supporting those payments.

The first ledger establishes the claimant's debt. The second can limit the property exposure. When owner-payment information is unavailable, avoid assuming that the claimant's full open balance will be collectible through foreclosure.

How to file and serve a Georgia mechanics lien

Confirm ownership and county. Search current land records and identify every parcel improved.
Audit notice compliance. Review the Notice of Commencement and any Notice to Contractor.
Calculate the amount. Exclude unrelated damages and unsupported charges.
Prepare the statutory claim. Preserve required warning language.
Record with the superior court clerk. File in the county where the property is located before the 90-day limit.
Obtain the recorded copy. It should show book/page or instrument information.
Send the recorded claim within two business days. Send to the property owner and, if a Notice of Commencement was filed, the contractor at the addresses required by law. Use a method that produces reliable proof.
Calendar enforcement immediately. Use both the ordinary 365-day date and a workflow for any later Notice of Contest.

Recorder acceptance confirms entry into the public record; validity still depends on eligibility, contents, timing, delivery, and enforcement.

Use the enforcement period to prepare the case

The ordinary 365-day period is the outside limit to commence an action on the underlying claim, not permission to wait until the last week. The claimant must then file a notice of commencement of that lien action in the county lien records within 30 days.

A lawsuit can involve contract defenses, licensing, payment affidavits, waivers, priority, and the accuracy of the claim. Engage Georgia construction counsel early enough to investigate and draft rather than handing over the file on day 364.

Five failure modes worth checking before recording

Wrong last-work date: The file uses invoice or collection activity as though it were furnishing.
Weak property description: Only a jobsite address is used where a legal description is needed.
Overstatement: The claim includes unearned contract value or unrelated damages.
Two-business-day service missed: The claimant records and assumes the clerk notifies everyone.
Contest notice overlooked: A 60-day shortened enforcement period expires unnoticed.

Georgia Mechanics Lien FAQ

Is the Georgia lien deadline 90 days or three months? ▾

The statute uses 90 days. Count calendar days rather than substituting three calendar months, which can produce a different result.

Where is a Georgia mechanics lien filed? ▾

With the clerk of superior court in the county where the improved property is located. A multi-county or multi-parcel project may require additional analysis and filings.

What happens to the deadline during payment negotiations? ▾

The statutory recording period ordinarily continues to run. Negotiations, invoices, payment promises, and a notice of intent to lien do not supply a new last-furnishing date.

How long does a Georgia mechanics lien last? ▾

The ordinary enforcement period is 365 days from recording, but a properly served Notice of Contest of Lien can shorten the action deadline to 60 days after receipt.

Should I release the lien when payment is promised? ▾

Use a conditional exchange or wait for collected funds. An unconditional release can surrender security even if a check is later reversed or dishonored.

Before you file

Assemble a claim packet containing the contract, change orders, claimant ledger, known owner-payment records, delivery tickets or daily reports, deed/legal description, Notice of Commencement, preliminary notices, mailing proof, and deadline calculation. That packet supports both accurate preparation and a fast response to a contest.

Use a conditional lien waiver when payment has been promised but has not cleared. Once the secured debt is satisfied, record the appropriate mechanics lien release.

This page is general information, not legal advice. Georgia lien statutes are technical, deadlines may be shortened, and project facts matter. Verify current law and consult a Georgia construction attorney when rights or substantial sums are at risk.

Georgia Mechanics Lien: 90-Day Deadline, Filing Steps, and Notice Rules

Select your state