Georgia Construction, Bond & Lien Law Blog


Don’t Let Your Georgia Construction Lien Expire–Enforce Your Rights Now!

Posted in Lien Foreclosure,Materialmen's Lien (enforcement),Notice of Action by Administrator on the May 9th, 2018

A potential client just called with a wonderful question: he had filed a Claim of Lien in Georgia, but he wanted to know if we would enforce his lien rights even though we did not file his original lien.

Yes, is the answer.

There are many lien services–and even some law firms–that only file a client’s mechanic’s liens, but they do not help their clients enforce their lien rights.  So, many Georgia lien claimants are left to handle the rest of the matter themselves, but they do not know what to do.  We are a full-service, construction and lien law firm with a statewide practice.  So, if you have a materialmen’s lien and you need assistance enforcing your lien rights, then please contact us.

Don’t Miss Your Lien Deadline: If we prepared and filed a client’s original construction lien, then we remind them of the statute of limitations on lien enforcement in Georgia; however, I am constantly surprised to learn how many otherwise valid liens expire simply because the lien claimant did not know that liens expire! A Claim of Lien in Georgia expires one-year from the date your materialmen’s lien was filed unless you (i) file a lawsuit against the person or entity with whom you contracted, and (ii) file a Notice of Filing of Action with the clerk of court in the county where the construction project occurred.  If you fulfil these requirements before the lien deadline, then your materialmen’s lien will continue to be enforceable.

You Will Probably Have to Hire a Lawyer: I am not trying to be self-serving, but it a simple fact that Georgia courts will not let most businesses represent themselves.  If you are a sole practitioner, then you may be able to file your own lawsuit; however, Georgia prohibit corporations, LLCs, LLP’s and other legal entities from representing themselves in a lawsuit so they must hire a lawyer in order to enforce their lien rights.

When you contact us or any other lawyer, it is very useful if you are able to provide a copy of your recorded Georgia lien, proof that you sent the real property owner a copy of the lien, a copy of the Notice to Owner (if appropriate), the original real estate title work as well as the backup documentation (such as the past due invoices, contract, change orders, etc.); also, if you received any response from the property owner, the general contractor or anyone else after your filed the lien, please provide that information as well.  This will enable us to better evaluate the enforceability of your claim and help us advise you as to how to best proceed.  Finally, please remember to give us plenty of time to evaulate your lien and your options, draft and file a lawsuit, and meet all of Georgia’s other statutory requirements before your lien expires.

Please don’t let your mechanic’s lien expire, please contact a Georgia Construction Lawyer to help you enforce your lien rights; remember, if you don’t enforce your lien rights before the one-year anniversary of the date your Claim of Lien was filed, you will not be able to foreclose your Georgia lien.  Call us today!

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