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 — Track preliminary notices: Depending on your role on the job, you may need to send or receive a Notice to Contractor or respond to a Notice of Commencement that the owner filed at the start of the project. These preliminary notices establish the paper trail your lien will later depend on, so don't ignore them.
• 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.
• 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.
• Step 4 — Serve a copy on the owner within 2 business days: After filing, Georgia law requires you to send a copy of the recorded lien to the property owner within 2 business days. This notice step is separate from the filing itself, and skipping it can jeopardize the lien.
• Step 5 — File suit to enforce within 365 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. If that deadline passes without a suit, the lien generally becomes unenforceable.

Conditional vs. unconditional lien waivers

At some point in nearly every project, someone will ask you to sign a lien waiver in exchange for payment. Understanding the difference between the two types matters, because signing the wrong one at the wrong time can give up rights before you've actually been paid.

A conditional waiver releases your lien rights only once the payment actually clears — it's contingent on the funds being received. An unconditional waiver releases your lien rights immediately upon signing, regardless of whether the check later bounces or payment falls through. Read every waiver before you sign it, and match the waiver type to whether you're being paid now or promised payment later.

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.
• Letting the 365-day enforcement window pass without filing a lawsuit.
• 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.

Frequently Asked Questions