How to File a Mechanic's Lien in Georgia: A Step-by-Step Guide

What a mechanic's lien actually does

A mechanic's lien is a legal claim recorded against a piece of real property to secure payment for labor, materials, or services that improved that property. Once recorded, it clouds the title — the owner generally can't sell or refinance the property without dealing with the lien first, which gives you real leverage to get paid.

A lien is not a payment. It's a placeholder that protects your right to be paid and, if necessary, sets up a lawsuit to force a sale of the property to satisfy your claim. That's why the process has to be followed precisely — Georgia courts read lien statutes strictly, and shortcuts tend to backfire.

Who can file a lien in Georgia

Georgia's lien law covers most of the people and businesses that add value to a construction project, not just the general contractor.

• General contractors who contracted directly with the property owner.
• Subcontractors who performed work through a general contractor.
• Materialmen and suppliers who furnished materials used in the project.
• Laborers who worked on the job.
• Design professionals, such as architects and engineers, who provided services for the project.

Important exception: public property

You cannot file a mechanic's lien against public or government-owned property in Georgia. If you're working on a public job — a school, courthouse, road, or other government project — your payment remedy is a claim against the project's payment bond, not a lien on the property itself. If you're not sure whether your project counts as public work, that's worth confirming before you rely on lien rights at all.

The step-by-step filing process

Georgia's lien process has several moving pieces, and the order matters. Here's the general sequence.

• Step 1 — Check for a Notice of Commencement and send any required Notice to Contractor: The owner, the owner's agent, or the contractor may file a Notice of Commencement with the superior court clerk within 15 days after work physically starts. What matters is whether one was filed, not whether it was posted on the site. If one was filed and you don't have a contract with the general contractor, you must send a written Notice to Contractor to the owner and the contractor within 30 days of the NOC filing or your first delivery of labor or materials, whichever is later — missing it invalidates your lien. Separately, Georgia lets you file an optional preliminary notice of lien rights within 30 days after you first furnish labor or materials, but a lien can be enforced without one.
• Step 2 — Watch your last date of work: Your 90-day clock starts running from the last day you actually furnished labor or materials to the project — not the invoice date, not the contract date. Keep dated records (delivery tickets, timesheets, punch-list sign-offs) showing exactly when your work ended. Weekends and holidays don't extend the 90 days, and whether later punch-list or warranty work extends the deadline is fact-specific — don't count on it.
• Step 3 — File the claim of lien within 90 days: The written claim of lien must be filed in the superior court clerk's office of the county where the property is located — not where your business sits, not where the contract was signed. The lien document has to accurately identify the property, the amount owed, and the work performed. It must also include the statutory statement, in at least 12-point bold type, that the lien expires 395 days after filing unless a notice of commencement of lien action is filed, and a notice that the owner has the right to contest the lien. Leaving out either one invalidates the lien.
• Step 4 — Send a copy to the owner within 2 business days: After filing, Georgia law requires you to send a copy of the recorded lien to the property owner by registered or certified mail or statutory overnight delivery within 2 business days. If a Notice of Commencement was filed for the project, you must also send a copy to the contractor at the address shown on it. This step is separate from the filing itself, and skipping it can jeopardize the lien.
• Step 5 — File suit to enforce within 365 days, then file notice of the suit within 30 days: Filing the lien only preserves your claim — it doesn't collect the money. To actually enforce the lien, you must file a lawsuit within 365 days of the date the lien was filed. Then, within 30 days after filing suit, you must file a notice of commencement of lien action with the clerk in the county where the lien was recorded. Missing either deadline makes the lien unenforceable.

Georgia lien waivers and the 90-day rule

At some point in nearly every project, someone will ask you to sign a lien waiver in exchange for payment. Georgia doesn't use the conditional-versus-unconditional system found in some other states. It has two statutory forms — the Waiver and Release of Lien and Payment Bond Rights Upon Interim Payment and the Waiver and Release of Lien and Payment Bond Rights Upon Final Payment — and only a waiver that substantially follows one of them can waive your lien or bond rights.

Here's the part that catches contractors: a signed waiver becomes conclusively effective 90 days after you sign it, even if you were never paid, unless you file an affidavit of nonpayment in the county where the property is located before the 90 days run out. Filing a lien won't stop it — only the affidavit will. Since 2021, a statutory waiver releases only your lien and payment bond rights, so your contract claim for the money survives. A waiver signed before you furnish labor or materials, such as a clause in your subcontract, is void. If you sign a waiver before the money is in your account, calendar the 90-day date the same day.

Common mistakes that can void a lien

Because Georgia's lien statutes are applied strictly, small errors carry big consequences.

• Filing even one day after the 90-day deadline from your last date of labor or materials.
• Filing in the wrong county — it has to be the county where the property is located.
• Failing to send the owner a copy of the lien within 2 business days of filing (and the contractor, if a Notice of Commencement was filed).
• Leaving out the required 395-day expiration statement or the notice of the owner's right to contest.
• Skipping a required Notice to Contractor on a job with a filed Notice of Commencement.
• Letting the 365-day enforcement window pass without filing a lawsuit, or missing the 30-day deadline to file notice of the suit.
• Inaccurate or incomplete information in the lien itself, such as the property description or amount claimed.
• Proceeding as an unlicensed contractor on work that requires a license, which can undermine your ability to enforce a contract or a lien.

When to call a lawyer

Mechanic's liens look simple on paper, but the deadlines are unforgiving and the paperwork has to be exact. If you're approaching your 90-day window, unsure whether your project is public or private, dealing with a lien waiver you don't fully understand, or trying to figure out whether it's time to move from a filed lien to an enforcement lawsuit, it's worth talking to a business law attorney before you act.

Jerry Parisi at Parisi Law Firm works with contractors, subcontractors, and material suppliers across Jefferson, Jackson County, and Northeast Georgia to protect their right to get paid for the work they've done. Business law representation like this 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 going in. If you're dealing with an unpaid construction job, contact Parisi Law Firm at (404) 594-5130 to talk through your options before a deadline passes.

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