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Mechanic's Liens Toolkit (GA)
Practical Law Toolkit w-003-6954 (Approx. 8 pages)
Mechanic's Liens Toolkit (GA)
by Practical Law Real Estate
| Law stated as of 17 May 2022 • Georgia |
A collection of resources to assist claimants in understanding and effectively creating, perfecting, enforcing, and discharging mechanic's liens to secure payment for improvements to privately owned real property in Georgia. This Toolkit contains many guidance documents and standard forms for use at all stages of the mechanic's lien process.
Contractors, subcontractors, materialmen, professional engineers, registered foresters, registered land surveyors, and registered interior designers (claimants) have many options available to secure payment for improvements to privately owned real property. In Georgia, the most common option is a mechanic's lien.
Mechanic's liens are created by statute. Title 44, Chapter 14, Article 8, Paragraph 3 of the Official Code of Georgia (Code) governs mechanic's liens on privately owned real property. (O.C.G.A. §§ 44-14-360 to 44-14-369 and 44-14-530.)
The Code prescribes specific procedures to create, perfect, enforce, and discharge a mechanic's lien. A claimant must strictly comply with the statutory requirements (O.C.G.A. § 44-14-361.1(a); Womack Indus., Inc. v. B & A Equip. Co., 405 S.E.2d 880, 882 (Ga. Ct. App. 1991)).
The resources included in this Toolkit help counsel for claimants and property owners:
- Understand the processes and procedures for creating, perfecting, enforcing, and discharging mechanic's liens.
- Understand the deadlines for each step of the mechanic's lien process.
- Understand available defenses to mechanic's liens.
These resources also identify the different requirements for filing mechanic's liens against commercial and residential real property.