Georgia’s statutory scheme for enforcement and foreclosure of Mechanics and Materialmen’s liens requires strict compliance from those exercising their rights under the statutes. The construction law attorneys at the Cobb Law Group have successfully filed thousands of construction liens in virtually every county in Georgia. Furthermore, we have filed filed (and enforced) many multi-million dollar liens throughout the state on behalf of some of the largest companies in the United States. After filing liens, our clients, frequently, receive payment for their lien claims without having to resort to litigation. However, if the lien is not paid, then a lien claimant must taken further steps to enforce it’s claim of lien.
Because lien claimants may lose their rights under the lien if they do not strictly comply with every detail of Georgia’s Mechanics and Materialmen’s Lien Act, it is very important that they partner with a construction lawyer who understands each every requirement of the statute. General practitioners often fail to properly enforce a Georgia materialmen’s lien; the Cobb Law Group, however, is dedicated only to the practice of Georgia construction law. Therefore, we are able to guide our clients through a successful lien process. In fact, one of the most important aspects of enforcing a lien claim is understanding the deadline and some of the basic requirements.
Deadline to Enforce a Mechanics and Materialmen’s Lien in Georgia: In Georgia, the lien will automatically expire unless the lien claimant does two things: (i) commence and action and (ii) files a Notice of Filing of Action to Enforce Lien within 30 days of that the commencement of action occurred. The deadline to commence the action is typically within one year of the date that a valid lien was filed. This deadline can be shortened, however, if a project owner or general contractor files a Contest of Lien. A Contest of Lien reduces the one year period to sixty (60) days from the date that the Contest of Lien is filed.
Against Whom Does a Lien Claim Commence an Action: The Georgia Code is clear that in order to commence an action to perfect the construction lien, an action must be commenced against the entity which contracted with the lien claimant. Thus, in a situation where there is subcontractor who needs to enforce a Georgia materialmen’s lien, the subcontractor would have to commence an action against the prime contractor prior to the deadline to enforce the lien. Often, then requires that a first action be brought, then (assuming the subcontractor prevails in its action against the prime contractor) a separate suit is brought to foreclose the lien. (There is one exception when the action can include both the prime contractor and the owner in the same suit.)
What Does it Mean to Commence an Action to Perfect a Lien: The Georgia Code allows several methods for lien claimants to perfect their lien claims. Probably the most common is filing a lawsuit; however, there are other provisions including pursuing a claimants rights in arbitration, filing a proof of claim in a bankruptcy proceeding.
We are Georgia Lien Lawyers: Our construction law attorneys are so well versed in Georgia’s lien laws, we regularly publish and lecture on the topic. We speak regularly to professional associations such as the Associated General Contractors, the American Subcontractor’s Association, as well as many others. Our founding attorney, Mark Cobb has presented various seminars and programs about Georgia’s Lien Laws across the state. He even publishes a handbook on Georgia Lien Law (to download your free copy, please click here).
Our clients look to our experience and proven performance to meet their statutory deadlines and prosecute their claims. Pursuant to Georgia law, a lien claimant may not be able to seek restitution from the party with whom it contracted and, simultaneously, attempt foreclosure of its lien against the real property owner so it is vital that the lawyer you choose understands and complies with all of the requirements of the Georgia Mechanics and Materialmen’s Lien Act. For decades, the Cobb Law Group has advised nationally recognized material and equipment suppliers as well as regional and local specialty subcontractors and contractors, and we are pleased that many of our clients have remained with us since the earliest years in our firms history.
If you hold a Claim of Lien anywhere in Georgia and need experienced lawyers with an exceptional knowledge of our state’s lien laws, then please contact us today.