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. 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
- Send a copy of the filed lien to the property owner within 2 business days of filing it
- File suit to enforce the lien within 365 days of the date the lien was filed, or the lien expires and becomes unenforceable
- Before filing, confirm whether a Notice of Commencement was posted for the project and whether a preliminary notice or Notice to Contractor step applies to your position on the job
- Track your last date of labor or materials carefully — punch-list or warranty work generally does not restart the 90-day clock
Notice of Commencement and preliminary notices
Georgia uses a Notice of Commencement framework that project owners can file at the start of a job, along with a corresponding Notice to Contractor process for parties further down the contracting chain. Whether these notices apply to your specific job — and what preliminary-notice steps you may need to take to preserve full lien rights — depends on your role on the project and what was filed (or not filed) before work began. We review the project paperwork before your lien is filed so nothing is missed.
Lien waivers: conditional vs. unconditional
Property owners, lenders, and general contractors routinely ask contractors and subcontractors to sign lien waivers in exchange for payment — and the type of waiver you sign matters enormously. A conditional waiver only takes effect once payment actually clears, so if a check bounces or a draw never comes through, your lien rights are preserved. An unconditional waiver gives up your lien rights immediately upon signing, whether or not you've actually been paid yet.
Signing the wrong waiver at the wrong time is one of the most common — and most costly — mistakes we see contractors make. Never sign an unconditional waiver before funds are confirmed in hand. We review waiver language before you sign, and we draft waiver forms for contractors who want a standard, safe template to use on every job.
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 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.
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 a copy of the filed lien within 2 business days
- Signing an unconditional lien waiver before payment actually clears
- Letting a filed lien sit for a year without filing suit to enforce it before the 365-day deadline runs
- 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 |
| Payment Bond Claim | Unpaid on a public project, where liens generally can't attach to government-owned property | Governed by the project's bond and notice terms — 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. If that deadline passes without a lawsuit being filed, the lien expires and becomes unenforceable, even if the underlying debt is still unpaid.
What happens if I miss the lien deadline?
If you miss the 90-day filing deadline or the 365-day enforcement deadline, 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.