A Georgia mechanic's lien must be filed within 90 days of your last day of labor or materials, in the superior court of the county where the property sits, with a copy sent to the owner within 2 business days — and you must file suit to enforce it within 365 days, then file a notice of that suit with the clerk within 30 days of filing it. Parisi Law Firm files, enforces, and defends liens and resolves business disputes for contractors and trades across Jefferson and Northeast Georgia. Call (404) 594-5130 for a consultation.
Doing the work is only half the job. Getting paid for it is the other half — and in the trades, that's where things fall apart. A general contractor runs out of money before the job's done. A homeowner disputes a change order they verbally approved. A property owner just stops answering the phone once the final invoice goes out. When that happens, you're not just out the money — you've already covered labor, materials, and overhead on a job that isn't going to pay for itself.
Georgia law gives contractors, subcontractors, and suppliers a powerful tool for exactly this situation: the mechanic's lien. Filed correctly and on time, a lien attaches to the property you improved and gives you real leverage to get paid — often without ever setting foot in a courtroom. Filed late, filed wrong, or not enforced in time, that same lien is worthless. Jerry Parisi has spent his career representing Northeast Georgia contractors, subcontractors, and trade businesses on exactly this problem: turning unpaid work into paid work, whether that means a properly filed lien, a demand letter, or a lawsuit for breach of contract.
What is a mechanic's lien?
A mechanic's lien (also called a materialman's lien or construction lien) is a legal claim filed against a piece of real property by someone who provided labor, materials, services, or design work to improve that property and wasn't paid for it. The lien attaches directly to the property itself — not just to the person who hired you — which means it can cloud the title, block a sale or refinance, and put real pressure on an owner or general contractor to resolve the debt.
The lien doesn't hand you cash on its own. It secures your right to be paid out of the value of the property, and it gives you standing to force the issue through the courts if the debt still isn't resolved. That combination — leverage plus a legal deadline clock — is what makes the mechanic's lien one of the most effective collection tools available to a contractor who did the work and didn't get paid.
Who can file a lien in Georgia
Georgia's lien statute reaches further than just the company that signed the contract with the property owner. If you contributed labor or materials that improved the property, you likely have lien rights — even if your agreement was with a general contractor or another subcontractor rather than the owner directly.
- General contractors who contracted directly with the property owner
- Subcontractors hired by a general contractor to perform part of the work
- Materialmen and suppliers who furnished materials used in the project
- Laborers who performed work on the job, whether employed directly or through a subcontractor
- Design professionals, including architects and engineers, whose plans or design work were used on the project
The Georgia mechanic's lien process, step by step
Georgia's lien law runs on strict, unforgiving deadlines. Miss one, and you can lose your lien rights entirely — regardless of how clearly the money is owed. Here's the timeline that governs every claim of lien in Georgia:
- File the claim of lien within 90 days of the last day you furnished labor or materials to the project — filed with the superior court clerk in the county where the property is located. Weekends and holidays don't extend the deadline
- Include the statutory statement that the lien expires 395 days after filing unless a notice of commencement of lien action is filed, plus a notice of the owner's right to contest the lien — a lien missing either one is invalid
- Send a copy of the filed lien to the property owner by registered or certified mail or statutory overnight delivery within 2 business days of filing it — and, if a Notice of Commencement was filed for the project, send a copy to the contractor at the address shown on it as well
- File suit to enforce the lien within 365 days of the date the lien was filed, and file a notice of commencement of lien action with the clerk in the county where the lien was recorded within 30 days after filing suit — missing either step makes the lien unenforceable
- Before filing, confirm whether a Notice of Commencement was filed with the superior court clerk for the project. If one was, and you don't have a contract with the general contractor, a Notice to Contractor was required within 30 days of the NOC filing or your first delivery, whichever is later
- Track your last date of labor or materials carefully — whether later punch-list or warranty work extends the 90 days is fact-specific, and Georgia reads lien deadlines strictly, so don't count on it
Notice of Commencement and preliminary notices
A Notice of Commencement can be filed by the owner, the owner's agent, or the contractor with the superior court clerk no later than 15 days after the contractor physically starts work. What matters is whether it was filed, not whether a copy was posted on the site. If a Notice of Commencement was filed, anyone with lien rights who doesn't have a contract with the general contractor must send a written Notice to Contractor to the owner and the contractor within 30 days of the NOC filing or 30 days after first delivering labor or materials, whichever is later. That step is mandatory: missing it invalidates the lien, though your contract claim survives. If no Notice of Commencement was filed, the Notice to Contractor requirement doesn't apply.
A preliminary notice of lien rights is a different document. It's optional: you may file one within 30 days after first delivering labor or materials, but Georgia lets you enforce a lien without it. We review the project paperwork before your lien is filed so nothing is missed.
Lien waivers: Georgia's two statutory forms and the 90-day rule
Property owners, lenders, and general contractors routinely ask contractors and subcontractors to sign lien waivers in exchange for payment. Georgia doesn't use the conditional-versus-unconditional system some other states do. 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. Only a waiver that substantially follows one of those forms can waive your lien or bond rights.
The trap is timing. 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 those 90 days run out. Filing a lien does not stop the waiver; only the affidavit does. Since 2021, these waivers release only your lien and payment bond rights, so your contract claim for the money survives. And a waiver signed before you furnish the labor or materials, such as one buried in the contract, is void.
Signing a waiver for money you haven't received and then letting the 90 days lapse is one of the most costly mistakes we see contractors make. We review waiver language before you sign, track affidavit-of-nonpayment deadlines, and prepare waiver forms that follow the statute.
Defending against an invalid or exaggerated lien
Liens don't only come from contractors chasing payment — property owners and general contractors are sometimes hit with liens that are inflated, improperly filed, or filed by someone who never had valid lien rights on the job in the first place. A defective lien can still cloud your title and complicate a sale or refinance until it's resolved.
If a lien has been filed against your property, we evaluate whether it was filed within the 90-day window, whether it was filed in the correct county, whether it carries the required statements, whether a required Notice to Contractor was sent, whether the amount claimed matches work actually performed, and whether the claimant had valid lien rights on the project at all. Where a lien is invalid, overstated, or was never properly perfected, we move to have it discharged or reduced so your property isn't held hostage by a claim that doesn't hold up. Owners and contractors also have statutory tools: recording a Notice of Contest of Lien limits the claimant to 60 days from receiving it to file suit, and a lien can be discharged by posting a bond in double the amount claimed (or the amount claimed, if the lien is on the owner's home).
Other business disputes we resolve
Liens are the right tool for unpaid construction work, but plenty of business disputes fall outside that lane entirely. Jerry Parisi represents Northeast Georgia business owners across the full range of commercial disputes that threaten a company's revenue and relationships.
- Breach-of-contract claims involving vendors, customers, or business partners
- Unpaid invoices and collections outside the lien process, including service and supply agreements that don't involve real property
- Partnership and ownership disputes, including disagreements over profit splits, buyouts, and control of the business
- Disputes with general contractors or subcontractors over scope, delay, or defective work
- Demand letters and negotiated settlements aimed at resolving disputes before litigation becomes necessary
Common lien mistakes that cost contractors payment
We see the same avoidable mistakes cost contractors their lien rights again and again. Knowing them in advance is the easiest way to make sure a slow-paying client doesn't turn into a total loss.
- Waiting past the 90-day deadline because you assumed payment was still coming
- Filing the lien in the wrong county — it has to be the county where the property is located
- Forgetting to send the owner (and, where a Notice of Commencement was filed, the contractor) a copy of the filed lien within 2 business days
- Skipping a required Notice to Contractor on a job where a Notice of Commencement was filed
- Signing a lien waiver before you're paid and then missing the 90-day window to file an affidavit of nonpayment
- Letting a filed lien sit for a year without filing suit to enforce it before the 365-day deadline runs, or filing suit but not filing the notice of commencement of lien action within 30 days
- Claiming an inflated amount that doesn't match the actual value of labor and materials furnished
Getting paid: your options
| Option | Best when | Key deadline |
|---|---|---|
| Mechanic's Lien | Unpaid for labor or materials on a private construction project tied to real property | File within 90 days of last labor/materials; enforce by suit within 365 days and file notice of the suit within 30 days after filing it |
| Payment Bond Claim | Unpaid on a public project, where liens can't attach to government-owned property and a payment bond is the usual remedy | Statutory notice and suit deadlines apply and can be short — act promptly once payment is late |
| Breach-of-Contract Lawsuit | No lien rights apply, the claim isn't tied to real property, or the lien deadline has already passed | Governed by Georgia's contract statute of limitations — don't wait to get advice |
Frequently Asked Questions
What is a mechanic's lien in Georgia?
A mechanic's lien is a legal claim filed against real property by a contractor, subcontractor, materialman, laborer, or design professional who furnished labor or materials to improve that property and wasn't paid. It attaches to the property itself, giving you leverage to force payment or, ultimately, to enforce the claim through the courts.
How long do I have to file a mechanic's lien in Georgia?
You must file the claim of lien within 90 days of the last day you furnished labor or materials to the project, in the superior court clerk's office of the county where the property is located. Miss the 90-day window and you generally lose your lien rights, so track your last date on the job closely.
Can a subcontractor file a lien in Georgia?
Yes. Georgia lien law extends to contractors, subcontractors, materialmen, laborers, and design professionals — not just the party that contracted directly with the property owner. If you furnished labor or materials that improved the property, you likely have lien rights even without a direct contract with the owner.
How long do I have to enforce my lien once it's filed?
You must file suit to enforce the lien within 365 days of the date it was filed, and 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, even if the underlying debt is still unpaid. If the owner records a Notice of Contest of Lien, the time to sue shrinks to 60 days from when you receive it.
What happens if I miss the lien deadline?
If you miss the 90-day filing deadline, the 365-day enforcement deadline, or the 30-day deadline to file notice of your lien suit, your lien rights are generally lost. You may still be able to pursue the debt through a breach-of-contract claim or other collection methods, but you lose the leverage and priority a valid lien provides — which is why acting quickly matters.
Can I put a lien on someone's house for unpaid work?
If you furnished labor or materials that improved the residential property and weren't paid, you can generally file a mechanic's lien against that property in Georgia, provided you meet the 90-day filing deadline and the other statutory requirements. We evaluate your specific job to confirm your lien rights before filing.
How do I remove or fight an invalid lien on my property?
We review whether the lien was filed within the 90-day deadline, in the correct county, for an accurate amount, and by a party with valid lien rights on the project. A lien that fails any of those requirements may be subject to discharge or reduction, clearing the cloud on your title.
Can I still collect if there was no signed contract?
Possibly. Lien rights and breach-of-contract claims are strongest with a written agreement, but Georgia law provides other avenues, such as claims based on the value of work performed, even without a signed contract. We evaluate the facts, documentation, and timeline of your job to determine the strongest path to getting you paid.