Mechanic's Liens
Georgia Mechanic's Lien Deadlines: Don't Lose Your Right to Payment
- File your claim of lien within 90 days of the last day you furnished labor or materials to the project.
- The 90-day clock runs from your actual last date of work, not your invoice date or contract date.
- You must send the property owner a copy of the filed lien within 2 business days of filing.
- A filed lien only preserves your claim — you must file suit to enforce it within 365 days of filing.
- A minor warranty callback or punch-list fix usually will not restart the 90-day clock.
A mechanic's lien is one of the most powerful tools a Georgia contractor or supplier has for getting paid — but it only works if you hit three separate deadlines in the right order. Georgia courts read lien statutes strictly, which means there's very little room for "close enough." File a day late, notify the owner a day late, or let the enforcement window close, and the lien you were counting on can simply disappear.
This post walks through each deadline in Georgia's mechanic's lien timeline, explains exactly when the clock starts and stops, and covers what to do if you're worried you've already missed one. If you're actively approaching a deadline, don't wait — talk to a business law attorney now, not after the date has passed.
Why lien deadlines are so unforgiving
Georgia's lien statutes exist to balance two competing interests: giving contractors, subcontractors, and suppliers a real way to force payment, and protecting property owners from claims that linger indefinitely against their title. To strike that balance, the legislature built the lien process around hard deadlines rather than case-by-case fairness calls.
That design means Georgia courts generally don't have much discretion to excuse a late filing, even when the delay was an honest mistake or the amount owed is undisputed. A lien filed on day 91 is typically just as unenforceable as one filed a year late. The practical lesson is simple: track your dates from the moment you start a job, not after a payment dispute starts brewing.
The 90-day filing clock
In Georgia, a claim of lien generally must be filed within 90 days of the last day labor or materials were furnished to the project. The lien has to be recorded in the superior court clerk's office of the county where the property is located — not the county where your business operates or where the contract was signed.
The key phrase is "last day labor or materials were furnished." That's a factual date tied to actual work on the ground, and it's the date that controls, regardless of when you sent your invoice, when payment was due under the contract, or when you and the customer stopped talking. Keep dated records — delivery tickets, daily logs, signed timesheets, material receipts — that pin down exactly when your involvement on the job ended, because that date is the foundation the entire lien depends on.
The 2-business-day owner-notice requirement
Filing the lien with the court clerk isn't the end of the process — it's the middle. Once your claim of lien is filed, Georgia law requires you to send a copy of the recorded lien to the property owner within 2 business days of filing.
This notice step is separate from filing and easy to overlook in the rush of getting the paperwork recorded. Property owners are entitled to know promptly that a lien has been placed against their property, and skipping or delaying this notice can jeopardize the lien even though it was timely filed. Build the owner-notice step into your filing checklist so it happens the same day, not "sometime this week."
The 365-day deadline to enforce
A filed and properly noticed lien secures your claim against the property, but it does not collect money on its own. If the owner still doesn't pay, you must file a lawsuit to enforce the lien within 365 days of the date the lien was filed.
That's a full year, which sounds generous compared to the 90-day filing window — but it's still a hard deadline. If the 365-day period passes without a lawsuit being filed, the lien generally becomes unenforceable, and the leverage it gave you evaporates. Mark this date the moment your lien is recorded, and don't let ongoing settlement talks with the owner or general contractor quietly run out the clock.
Preliminary notice: setting up your lien before you ever need it
Georgia's lien framework also involves preliminary paperwork that happens before a payment dispute ever arises, and it can affect your lien rights down the line.
- Notice of Commencement: Property owners often file this at the start of a project, and it can trigger notice obligations for parties further down the contracting chain.
- Notice to Contractor: Depending on your role and tier in the contracting chain, you may need to send or track this notice to preserve your ability to lien later.
- Documentation habits: Save contracts, purchase orders, delivery tickets, and any notices you send or receive — this paper trail is what your lien, and any later enforcement suit, will rely on.
- Don't wait for a dispute: Treat preliminary notice tracking as a standard part of every job, not something you scramble to piece together after a customer stops paying.
What counts as your "last day" of work
Because the entire 90-day clock hinges on your last date of labor or materials, it matters what actually counts as work on the project. Substantial labor, material deliveries used in the project, and genuine punch-list work that's part of your original scope generally count toward that date.
A small warranty callback or minor touch-up performed well after the job was substantially finished is a different story. Courts and lien practice generally treat trivial post-completion fixes — going back to tighten a fixture or address a minor cosmetic issue after the work was otherwise done — as not restarting the 90-day clock. Contractors sometimes assume a return trip resets their deadline; relying on that assumption is risky, and it's exactly the kind of question worth confirming with an attorney before you count on a later date.
What to do if you've missed a deadline
If you think you've missed the 90-day filing window, the 2-business-day notice deadline, or the 365-day enforcement deadline, don't assume every option is gone. A missed lien deadline generally does mean you can't rely on the lien itself, but other remedies — such as a breach-of-contract claim against the party that hired you, or, on public projects, a payment bond claim — may still be available depending on your situation.
The sooner you get a clear read on where you actually stand, the more options you're likely to have. Waiting to "see what happens" rarely helps and can close off remedies that were still available right after the lien deadline passed.
Protect your right to payment
Georgia's mechanic's lien deadlines reward contractors and suppliers who track their dates carefully and act quickly. They punish everyone else, regardless of how legitimate the underlying debt is. If you're approaching your 90-day window, unsure whether a callback affected your deadline, or trying to figure out whether it's time to move from a filed lien to an enforcement lawsuit, get a business law attorney involved before the calendar makes the decision for you.
Jerry Parisi at Parisi Law Firm helps contractors, subcontractors, and material suppliers across Jefferson, Jackson County, and Northeast Georgia protect their right to get paid for completed work. Business law representation is not handled on a contingency basis — the firm bills for its work rather than taking a share of your recovery, so you know what to expect from the start. If a lien deadline is on your mind, contact Parisi Law Firm at (404) 594-5130 before it passes.
Frequently Asked Questions
When does the 90-day lien clock start in Georgia?
The 90-day clock starts on the last day you actually furnished labor or materials to the project — not your invoice date or contract date. Keep dated job records, like delivery tickets and timesheets, so you can pinpoint that exact date if your lien rights are ever challenged.
Does a small warranty callback restart my lien deadline?
Generally, no. A minor warranty callback or trivial post-completion touch-up typically does not restart the 90-day clock once the substantial work is done. Relying on a callback to extend your deadline is risky — confirm your specific facts with an attorney rather than assuming a later date applies.
How long do I have to enforce my lien?
Once your claim of lien is filed, you must file a lawsuit to enforce it within 365 days of the filing date. If that year passes without a lawsuit, the lien generally becomes unenforceable, even if it was filed and noticed correctly in the first place.
Can a lien deadline be extended?
Georgia's lien deadlines are applied strictly, and courts generally have little room to excuse a late filing, late owner notice, or late enforcement suit, even for an honest mistake. The safest approach is to track every relevant date from day one of the job rather than hoping for flexibility later.
What are my options if I already missed the deadline?
Missing a lien deadline usually means you can't rely on the lien itself, but other remedies may still exist, such as a breach-of-contract claim or, on public projects, a payment bond claim. Talk to an attorney promptly, since waiting can close off remedies that were still available right after the deadline passed.
Have a Question About Your Business?
This article is general information, not legal advice. For guidance on your specific situation, talk to Jerry Parisi directly.