A Georgia mechanic’s lien enables workers who furnish labor or materials to demand compensation from a non-paying client. By filing a lien form, the worker makes a claim for payment against the property under construction. Until the debt is paid, the lien will limit the property owner’s ability to sell their real estate or acquire home financing, thus encouraging them to settle the debt by paying the claimant.
It should be noted that regardless of whether the worker is a subcontractor or the general contractor, it is the property owner’s obligation to pay the lien. So, even if the owner has no direct contract with the worker, a lien can be enforced against them.
Laws & Requirements
- Laws: Title 44, Ch. 14, Art. 8, Part 3
- Signing Requirements: Not mentioned in state statutes.
- Time Limit for Recording Lien (§ 44-14-361.1(a)(2)): Ninety (90) days
- Deadline for Enforcing Lien (§ 44-14-361.1(a)(3)): Three hundred and sixty-five (365) days after filing the lien claim. Furthermore, within thirty (30) days after enforcement, the claimant must file a notice with the Superior Court where the lien was filed.