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Interior Design Lein Rights in Georgia

I am a 30 Interior Design Veteran, have won awards and been published but am not a registered interior designer. Can I still file a mechanics lien in the state of Georgia. I have done over 60 hours of Residential consulting and drawings for which I have not been paid. Also, I understand there is a filing extension for liens due to courthouse closures and COVID. Can you confirm this please? Thank you very much

1 reply

Aug 14, 2020

Mechanics lien rights are generally available to those who provide a permanent physical improvement to the project property - generally, construction work. With that being said, architects, engineers, and surveyors are an exception. When these design professionals contribute plans, designs, drawings, and etc., they may also be entitled to file a mechanics lien in Georgia, pursuant to OGCA § 44-14-361(3). However, while the GA lien statute specifically identifies those parties and grants them lien rights, interior designers are not mentioned. Typically, interior designers won't be entitled to mechanics lien rights unless they're also physically building out their design. Liens may be on the table when construction-type work is done (like moving or taking out walls, plumbing, HVAC, etc.). But, if the work doesn't directly result in physical improvements to the property, lien rights likely won't be on the table. Finally, the Supreme Court of Georgia has extended some deadlines relating to the state's courts and litigants. However, mechanics lien filings are not lawsuits, and a lien filing doesn't automatically initiate litigation. I'm not aware of any extension on filing deadlines for GA lien claimants, and a brief search online didn't turn anything up on that front. For more talk on GA liens: Georgia Mechanics Lien Guide and FAQs.

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