Home>Levelset Community>Legal Help>We operate and provide HVAC equipment in the GA Market. I know we have to provide a prelim notice within 30 days of first furnishing. I know we can file a lien within 90 days of last furnishing. If we are providing start-up services that don't commence until 60 days after the equipment is delivered, do we have 90 days to file a lien after we start-up the equipment or is it 90 days from when the equipment lands on the job? I'm basically asking when does the 90 day clock start?
We operate and provide HVAC equipment in the GA Market. I know we have to provide a prelim notice within 30 days of first furnishing. I know we can file a lien within 90 days of last furnishing. If we are providing start-up services that don't commence until 60 days after the equipment is delivered, do we have 90 days to file a lien after we start-up the equipment or is it 90 days from when the equipment lands on the job? I'm basically asking when does the 90 day clock start?
That's a good question. The Georgia deadline to lien is 90 days from the last date that labor or materials are furnished. So, in a situation where both labor and materials are both required to perform the work, that last date of furnishing runs from the last date on which either labor or materials were provided. i.e. If labor is also needed from the claimant after the delivery of materials, generally, that claimant's deadline will run from the last time the claimant performs lienable work for the job - which might extend well beyond when materials or equipment are delivered. For other questions regarding Georgia lien and notice requirements, feel free to come back to the Construction Legal Center, or to take a look at the Georgia Lien & Notice Overview. For more on determining last furnishing dates, this resource should help: What’s the ‘Date Labor or Materials Last Delivered’ and How Can I Prove It?