Georgia Mechanics Lien Guide and FAQs

Fact-checked by the Levelset Legal Team
Last updated June 25, 2020
If contractors and suppliers don’t get paid on a construction project in Georgia, they can file a lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property. This page breaks down the rules, requirements, and deadlines you need to follow to file a Georgia mechanics lien.

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When should a mechanics lien be used in the payment process?

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Preliminary notice
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pay?

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Notice of intent to lien
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Mechanics lien

Georgia lien deadlines for:

Preliminary notice requirements

Georgia does not require parties who have a direct contract with a property owner to provide a preliminary notice before they file a mechanics lien.


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Mechanics lien deadline
90 Days


In Georgia, claimants must file a mechanics lien within 90 days from last furnishing labor or materials to the project.

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Lien enforcement deadline
365 Days


In Georgia, all lien claimants must initiate the enforcement of the lien within 365 days from the date on which the lien was filed. Within 30 days after commencing the action to enforce (within 395 days from the filing of the lien), the claimant must file a commencement of lien action notice with the clerk of the superior court of the county in which the lien was filed.

Liens cannot be extended in Georgia. If anyone fails to meet the enforcement deadline, their claim will be extinguished and unenforceable.
Preliminary notice requirements
30 Days


If a notice of commencement is filed, subcontractors and suppliers who didn't contract directly with the prime contractor must provide a Notice to Contractor to the owner and GC within 30 days of first delivering services or materials.

However, it is best practice for all sub-tier parties to provide notice on all projects, regardless or who hired them or whether a notice of commencement was filed.


Send Your Notice
Mechanics lien deadline
90 Days


In Georgia, subcontractors and laborers must file a mechanics lien within 90 days from last furnishing labor or materials to the project.





File A Lien Fast
Lien enforcement deadline
365 Days


In Georgia, all lien claimants must initiate the enforcement of the lien within 365 days from the date on which the lien was filed. And, further, within 30 days after commencing the action to enforce (within 395 days from the filing of the lien), the claimant must file a commencement of lien action notice with the clerk of the superior court of the county in which the lien was filed.



Liens in Georgia cannot be extended. The failure to meet those deadlines will result in the lien being extinguished and becoming unenforceable.