Construction Liens in Georgia

Overview

Sources

Ga. Code Ann. §§ 44-14-360 et seq.

Authorized Claimants

(b) Each special lien specified in subsection (a) of this Code section may attach to the real estate of the owner for which the labor, services, or materials are furnished if they are furnished at the instance of the owner, contractor, or some other person acting for the owner or contractor and shall include the value of work done and materials furnished in any easement or public right of way adjoining said real estate if the work done or materials furnished in the easement or public right of way is for the benefit of said real estate and is within the scope of the owner's contract for improvements to said real estate. (GA Code 44-14-361(b))

Lien Priority

(c) The liens specified in Code Section 44-14-361 shall be inferior to liens for taxes, to the general and special liens of laborers, to the general lien of landlords of rent when a distress warrant is issued out and levied, to claims for purchase money due persons who have only given bonds for titles, and to other general liens when actual notice of the general lien of landlords and others has been communicated before the work was done or materials or services furnished; but the liens provided for in Code Section 44-14-361 shall be superior to all other liens not excepted by this subsection. (GA Code 14-44-361.1(c))

Notices and Registries

Filing Deadlines

The filing for record of his or her claim of lien within 90 days after the completion of the work, the furnishing of the...(service or material)...within 90 days after the material or machinery is furnished, in the office of the clerk of the superior court of the county where the property is located. (GA Code 14-14-361.1(a)(2))

Enforcement Deadlines

The commencement of a lien action for the recovery of the amount of the party's claim within 365 days from the date of filing for record of his or her claim of lien. (GA Code 44-014-361.1(a)(3)