When it is necessary to file a mechanics or materialmen lien, you seek a Georgia construction law firm that understands the deadlines and legal requirements for making your claim successful. The construction law attorneys at the Cobb Law Group represents many national and local material suppliers, general contractors and specialty subcontractors in enforcing their lien rights throughout the state of Georgia.
We have filed thousands of liens; in fact, we were early pioneers in implementing Georgia’s Statutory Notice Scheme in order to preserve our clients’ rights to file lien claims. There are many different terms to describe the types of liens which we regularly file on behalf of our clients such as “materialman liens”, “mechanics liens”, “construction liens”, “contractor liens” and ” subcontractor liens”, but when we file liens, we are helping our clients with payment issues on their projects. Of course, we hope that our clients receive their payments voluntarily; however, when that does not happen, our decades of experience and our successful track with prosecuting and foreclosing upon liens set us apart from other law firms.
Our clients rely on the Cobb Law Group’s attorneys and staff to file their lien claims, to litigate the lien and payment issues, to timely perfect the lien and, if necessary, foreclose against the lien.The Cobb Law Group can efficiently and professionally handle all aspects of your lien claims anywhere in Georgia; contact us today to file and preserve your claim of lien before the your rights expire. Examples of our Georgia lien services include:
- tracking & sending Notices to Owner (NTO’s)
- filing Georgia Notices of Commencements (sometimes called Notices of Furnishing)
- filing preliminary liens (pre-liens)
- filing mechanic’s liens and materialmen’s liens
- perfecting mechanics liens and materialmen’s liens
- filing & litigating lawsuits, including the following:
- breach of contract claim
- constructive trust claims
- commercial collections
- damages-for-delay claims
- equitable liens
- foreclosure of mechanic’s liens & materialmen’s liens
- liquidated damages claims
- personal guarantees
- private payment bond claims
- public works bond claims (Miller Act litigation and Georgia’s Little Miller Act litigation)
- arbitration & mediation of lien claims
- other matters related to your Georgia lien claims
Only a Georgia Lawyer Can Prepare a Lien for Another (Lien Filing Services Are Not Authorized to Prepare Liens in Georgia): Although some of the services provided by lien filing services or notice services may be useful and allowable, the state bar of Georgia has made it clear that such nonattorney services cannot prepare materialmen’s liens. Preparing mechanics and materialmen’s liens on behalf on another for a fee constitutes the unlicensed practice of law if the preparer is not a licensed Georgia attorney. Georgia attorneys are required because the materialman lien is an exercise of a legal right of a lien claimant and affects the status of title as to the relevant property; consequently, only licensed lawyers may prepare liens for third parties. Thus, if you need to prepare and file a construction lien any where in the state of Georgia, please contact us to discuss your rights and options and avoid using a “document provider” which might invalidate you lien.
Who May Be A Lien Claimant? The Georgia Code establishes materialmen lien rights for certain classes of construction industry professionals. According to the O.C.G.A. Section 44-14-361 (see below for a copy of Georgia lien statutes), the following individuals or companies may claim a lien against real property in order to recover the cost of their labor, services and materials supplied to the project: Mechanics, Contractors, Materialmen, Subcontractors, Materialmen furnishing material to subcontractors, Laborers furnishing labor for subcontractors, Registered Architects, Registered Foresters, Registered Land Surveyors, Registered Professional Engineers, those furnishing materials or machinery for factories, Machinists, Manufactures of Machinery, Railroad Contractors, Rental Tool Suppliers including Appliance Suppliers and Heavy Equipment Rental Companies. Some of these categories are vague so it’s important to know whether or not the specific services or materials which you supplied grant you rights to file a lien; if you have questions, please contact one of the lien filing attorneys at the Cobb Law Group.
What is the Deadline for Filing a Lien in Georgia? A claim of lien for a contractor, subcontractor or supplier must be recorded within 90 days after the completion of the work or the furnishing of services or materials. Please note that a lien claimant who has signed a Georgia valid lien waiver may only have 60 days in which to file its lien (see below).
Where is the Construction Lien Filed: All liens in Georgia are filed in the office of the clerk of the superior court of the county in which the improved property to be liened is situated.
Does Every Lien Require a Legal Description? Every claim of lien filed in Georgia must contain a property description which is sufficient to identify the real property to be liened. Our experience has shown that it is best practice to attach the metes-and-bounds legal description for the real estate as found on the deed granting title to the owner of the parcel. It is important to note that lesser descriptions may be sufficient depending upon the information contained, but when enforcing our client’s rights, we wanted to provide only the best service and the best lien possible.
Do Lien Waivers Affect Lien Rights? Yes and no; there are only two authorized lien waiver forms used in Georgia: the Interim Waiver and Release Upon Payment and the Final Waiver and Release Upon Payment. If either lien waiver is signed, but payment is not received, then the signatory of the lien waiver may file a materialmen’s lien either (i) within 60 days from the date of the signing of the lien waiver or (ii) within 90 days from the last day that the signatory worked on the project whichever period of time is shorter. Thus, lien waivers may effectively shorten the amount of time in which a lien claimant may file its lien in Georgia.
How Long Does a Lien Remain Valid in Georgia: Unless a Notice of Contest of Lien is filed, construction liens in Georgia are valid for one year from the date of the filing of the lien; if the lien claimant takes steps to “perfect” its lien (for example, by filing a lawsuit against the person or entity with whom the lien claimant contracted), then the lien continues to remain in force beyond the one year anniversary; if the lien claimant does not perfect the lien, then the lien automatically expired 395 days from the date the mechanics lien was filed. The Cobb Law Group’s materialmen lien and construction lawyers can assist you with each step of the lien preparation and lien enforcement (lien foreclosure) process anywhere in the State of Georgia.
Where Can I Find a Copy of Georgia’s Construction Mechanics’ and Materialmen’s Liens? The Official Code of Georgia sets out all of the statutory requirements for filing liens in Georgia in Title 44, Chapter 14, Article 8 (O.C.G.A. Section 44-14-360 et seq.) To view of free copy of these statues, please click here > >
Please Contact Us Today: If you are owed money on a construction project located anywhere in the state of Georgia, then you may need to exercise your legal right to file a materialmen’s lien to help make sure that you receive payment. Our lien and payment bond lawyers have decades of experience helping subcontractors and suppliers get the money they are owed. Email or call us today toll free at 1-866-960-9539 to have an experienced construction lien law firm on your side!