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Can an architect in the state of Georgia file a mechanics lien? Owner refuses to pay old invoice.

GeorgiaMechanics LienPreliminary NoticeRight to Lien

I am an architect. I have a client who will not pay an old invoice (from December). That invoice also has pash-through engineer expenses. The invoice is $11,900. I have sent a notice to file Lien to the client today.

1 reply

Apr 15, 2020
The first element to your question is whether an architect is qualified to file a lien at all in the state of Georgia.  Architects are not allowed to file liens in every state, and sometimes have to follow different rules.  Levelset has a great infographic / national map about this here:  Mechanics Lien Rules for Architects, Engineers, and Designers And as you can see, it's good news for you in Georgia. Architects in Georgia do have lien rights generally.  The rule for Georgia specifically can be seen here, on the Georgia Mechanics Lien page:  Who can file a Georgia Mechanics Lien? The second element of your question is whether you have a mechanics lien right...meaning, did you do do everything you need to do to keep your lien right alive. And this boils down to 2 questions, which I'll address in turn:

1. Did you need to send a notice, and did you?

The Georgia preliminary notice requirements are pretty clear.  Those who do not contract with the owner must send a preliminary notice if a notice of commencement was filed on the job. This information is not in your question.
  • IF your contract is direct with the property owner, then you didn't need to send a notice.
  • IF you did contract with the owner, and a Notice of Commencement did not get filed on the job, then you didn't need to send a notice
  • IF you did not contract with the owner AND a notice of commencement was filed on the job, then you did need to send a notice.
When required, notice must be sent within 30 days of when you first did any work for this job, or within 30 days of when the Notice of Commencement is filed (whichever is later). So, that's easy.  If you are past the notice requirements, then you can move onto the second question.

2. Is your lien deadline passed?

In Georgia, like everywhere, you only have so long to file a mechanics lien. There's a concrete window of time.  Generally speaking, those with lien rights in Georgia have to file their lien within 90 days from the last time they furnished labor or materials to the project. So, I'm a little worried for you here. You mention that your invoice is due from December.  December is definitely >90 days ago.  If this is the last work that you did for this job, you're likely outside your mechanic's lien window.  If you did some work since then, maybe you can salvage it if that work was within 90 days. You can use this tool to calculate your Georgia lien deadline and see if you still have time. Good luck.
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