My contractor has sent an invoice for work which was very poor workmanship and not complete. I hired another contractor to redo and finish the job. He is stating he will file a lien if I don’t pay and I want to know the last day he can file a Mechanics lien.

Answered 3 months ago

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Matt Viator

Legal Associate Levelset

Good question! In Georgia, the deadline to file a mechanics lien is 90 days from the last time the prospective lien claimant furnished labor or materials to the project. If more than 90 days pass from the time of last furnishing, a subsequently filed lien claim will generally be considered invalid and unenforceable. Keep in mind, though - even where a lien claim is flawed, it's typically possible to have the claim filed and lodged in the property records. Owners can have faulty liens removed, but preventing an actual lien filing before it occurs can be tough. Still, notifying a prospective lien claimant that their claim would be flawed, frivolous, or potentially even fraudulent might help to avoid a lien filing in the first place. When looking to lock down exact time frames for lien availability, this resource might provide some insight (though, it's crafted for prospective lien claimants themselves): Payment Rights Advisor. Further, these resources might be valuable: (1) Georgia Lien & Notice Overview; (2) I Just Received a Notice of Intent to Lien - What Should I Do Now?; and (3) Can I File A Lien If My Workmanship Is In Dispute?

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