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Lien deadlines · Georgia

Georgia mechanics lien deadlines: notice, lien and suit (2026)

By Oussama Chicha, EditorUpdated Checked against primary sources · not yet reviewed by a licensed professionalFact-checked
Quick answer

Georgia's lien filing deadline is 90 days after last furnishing (O.C.G.A. § 44-14-361.1(a)(2)), and the default deadline to sue is 365 days after the claim of lien is filed (§ 44-14-361.1(a)(3)). For sub-subcontractors, suppliers and laborers, where a notice of commencement has been filed, the notice to contractor is due 30 days after first furnishing or after a notice of commencement is filed, whichever is later.

Georgia · Lien deadlinesVerified 2026-10-01
Lien filing
90 days after last furnishing
Preliminary notice
Direct contractor, Subcontractor: None required
Deadline to sue
365 days after the claim of lien is filed
Statute
O.C.G.A. §§ 44-14-360 to 44-14-368

Preliminary notice

WhoProject typeBranchDeadlineStatute
Sub-subcontractor, Supplier, LaborerAnyWhere a notice of commencement has been filed; for a claimant without privity of contract with the contractor30 days after first furnishing or after a notice of commencement is filed, whichever is laterStatute: O.C.G.A. § 44-14-361.5(a); O.C.G.A. § 44-14-361.5(c); O.C.G.A. § 44-14-361.5(d); O.C.G.A. § 44-14-360(10)
What the statute says about it. Recipients: The owner or the owner's agent; The contractor. Delivery: Registered or certified mail or statutory overnight delivery, to the addresses in the notice of commencement.
Direct contractor, SubcontractorAnyDefaultNone requiredStatute: O.C.G.A. § 44-14-361.3(a); O.C.G.A. § 44-14-361.3(d); O.C.G.A. § 44-14-361.5(a); O.C.G.A. § 44-14-360(1); O.C.G.A. § 44-14-360(10)
(a) To make good the liens specified in paragraphs (1), (2), and (6) through (9) of subsection (a) of Code Section 44-14-361, any person having a right to a lien who does not have privity of contract with the contractor and is providing labor, services, or materials for the improvement of property shall, within 30 days from the filing of the notice of commencement or 30 days following the first delivery of labor, services, or materials to the property, whichever is later, give a written notice to contractor as set out in subsection (c) of this Code section to the owner or the agent of the owner and to the contractor for a project on which there has been filed with the clerk of the superior court a notice of commencement setting forth therein the information required in subsection (b) of this Code section.
O.C.G.A. § 44-14-361.5(a) · Official text · retrieved 2026-09-30
(c) A notice to contractor shall be sent by registered or certified mail or statutory overnight delivery to the owner or the agent of the owner and to the contractor at the addresses set forth in the notice of commencement setting forth:
O.C.G.A. § 44-14-361.5(c) · Official text · retrieved 2026-09-30
(d) The failure to file a notice of commencement shall render the provisions of this Code section inapplicable.
O.C.G.A. § 44-14-361.5(d) · Official text · retrieved 2026-09-30
(10) “Subcontractor” means, but is not limited to, subcontractors having privity of contract with the contractor.
O.C.G.A. § 44-14-360(10) · Official text · retrieved 2026-09-30
(a) Prior to filing a claim of lien, a person having a lien under paragraphs (1) through (8) and (10) of subsection (a) of Code Section 44-14-361 may at such person’s option file a preliminary notice of lien rights.
O.C.G.A. § 44-14-361.3(a) · Official text · retrieved 2026-09-30
(d) A person having a lien under paragraphs (1) through (8) and (10) of subsection (a) of Code Section 44-14-361 may enforce the lien without filing a preliminary notice of lien.
O.C.G.A. § 44-14-361.3(d) · Official text · retrieved 2026-09-30
(1) “Contractor” means a contractor having privity of contract with the owner of the real estate.
O.C.G.A. § 44-14-360(1) · Official text · retrieved 2026-09-30

Lien filing

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefault90 days after last furnishingStatute: O.C.G.A. § 44-14-361.1(a)(2); O.C.G.A. § 44-14-361.1(a)
What the statute says about it. If the claim of lien is not filed for record within this time, the lien is not effective or enforceable.
(2) The filing for record of his or her claim of lien within 90 days after the completion of the work, the furnishing of the architectural services, or the furnishing or performing of such surveying, engineering services, or interior design services or 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.
O.C.G.A. § 44-14-361.1(a)(2) · Official text · retrieved 2026-09-30
for satisfaction of a claim which became due on (specify the date the claim was due, which is the same as the last date the labor, services, or materials were supplied to the premises)
O.C.G.A. § 44-14-361.1(a)(2) · Official text · retrieved 2026-09-30
(a) To make good the liens specified in paragraphs (1) through (8) and (10) of subsection (a) of Code Section 44-14-361, they must be created and declared in accordance with the following provisions, and on failure of any of them the lien shall not be effective or enforceable:
O.C.G.A. § 44-14-361.1(a) · Official text · retrieved 2026-09-30

Service of the lien

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefault2 business days after the claim of lien is filedStatute: O.C.G.A. § 44-14-361.1(a)(2); O.C.G.A. § 44-14-360(.1)
What the statute says about it. Recipients: The owner of the property or, if the owner's address cannot be located, the contractor as the owner's agent; The contractor at the address in the notice of commencement, where one is filed. Delivery: Registered or certified mail or statutory overnight delivery.
No later than two business days after the date the claim of lien is filed of record, the lien claimant shall send a true and accurate copy of the claim of lien by registered or certified mail or statutory overnight delivery to the owner of the property or, if the owner’s address cannot be found, the contractor, as the agent of the owner; provided, however, that if the property owner is an entity on file with the Secretary of State’s Corporations Division, sending a copy of the claim of lien to the entity’s address or the registered agent’s address shall satisfy this requirement. In all cases in which a notice of commencement is filed with the clerk of the superior court pursuant to subsection (b) of Code Section 44-14-361.5, a lien claimant shall also send a copy of the claim of lien by registered or certified mail or statutory overnight delivery to the contractor at the address shown on the notice of commencement;
O.C.G.A. § 44-14-361.1(a)(2) · Official text · retrieved 2026-09-30
(.1) “Business day” means any day that is not a Saturday, Sunday, or legal holiday.
O.C.G.A. § 44-14-360(.1) · Official text · retrieved 2026-09-30

Deadline to sue

WhoProject typeBranchDeadlineStatute
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyDefault365 days after the claim of lien is filedStatute: O.C.G.A. § 44-14-361.1(a)(3); O.C.G.A. § 44-14-367
What the statute says about it. Failing to commence the lien action within 365 days after filing, or to file the notice of commencement of lien action, renders the claim of lien unenforceable.
Direct contractor, Subcontractor, Sub-subcontractor, Supplier, LaborerAnyAfter the owner or the contractor records a notice of contest of lien60 days from receipt of the notice of contest of lien.Statute: O.C.G.A. § 44-14-368(a)
(3) 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. In addition, within 30 days after commencing such lien action, the party claiming the lien shall file a notice with the clerk of the superior court of the county wherein the subject lien was filed.
O.C.G.A. § 44-14-361.1(a)(3) · Official text · retrieved 2026-09-30
Failure of a lien claimant to commence a lien action to collect the amount of his or her claim within 365 days from the date of filing the lien, or failure of the lien claimant to file the statutory notice of commencement of lien action in the county where the property is located, renders the claim of lien unenforceable.
O.C.G.A. § 44-14-367 · Official text · retrieved 2026-09-30
(a) An owner or an owner’s agent or attorney, or the contractor or contractor’s agent or attorney, may elect to shorten the time prescribed in which to commence a lien action to enforce any claim of lien by recording in the superior court clerk’s office a notice in substantially the following form, in boldface capital letters in at least 12 point font, along with proof of delivery upon the lien claimant:
O.C.G.A. § 44-14-368(a) · Official text · retrieved 2026-09-30
THE TIME WITHIN WHICH YOU MAY COMMENCE A LIEN ACTION TO ENFORCE YOUR LIEN IS LIMITED TO 60 DAYS FROM RECEIPT OF THIS NOTICE.
O.C.G.A. § 44-14-368(a) · Official text · retrieved 2026-09-30

Notice of commencement and completion

A notice of commencement is filed with the clerk of the superior court by the owner, the owner's agent or the contractor not later than 15 days after the contractor physically commences work on the property.

(b) Not later than 15 days after the contractor physically commences work on the property, a notice of commencement shall be filed by the owner, the agent of the owner, or by the contractor with the clerk of the superior court in the county in which the project is located.
O.C.G.A. § 44-14-361.5(b) · Official text · retrieved 2026-09-30

If no notice of commencement is filed, the section requiring a notice to contractor does not apply.

(d) The failure to file a notice of commencement shall render the provisions of this Code section inapplicable.
O.C.G.A. § 44-14-361.5(d) · Official text · retrieved 2026-09-30

How the days are counted

The day of the event is not counted, and the last day of the period is.

(3) Computation of time. Except as otherwise provided by time period computations specifically applying to other laws, when a period of time measured in days, weeks, months, years, or other measurements of time except hours is prescribed for the exercise of any privilege or the discharge of any duty, the first day shall not be counted but the last day shall be counted; and, if the last day falls on Saturday or Sunday, the party having such privilege or duty shall have through the following Monday to exercise the privilege or to discharge the duty.
O.C.G.A. § 1-3-1(d)(3) · Official text · retrieved 2026-09-30

A last day that falls on a Saturday, a Sunday or a legal holiday moves to the next day that is not one.

When the last day prescribed for such action falls on a public and legal holiday as set forth in Code Section 1-4-1, the party having the privilege or duty shall have through the next business day to exercise the privilege or to discharge the duty.
O.C.G.A. § 1-3-1(d)(3) · Official text · retrieved 2026-09-30

Business days are counted as the statute defines them.

(.1) “Business day” means any day that is not a Saturday, Sunday, or legal holiday.
O.C.G.A. § 44-14-360(.1) · Official text · retrieved 2026-09-30

Who the deadlines name

Georgia sets its mechanics lien timetable in O.C.G.A. §§ 44-14-360 to 44-14-368 [1]. Three of the stages on this page reach every role the table lists: the claim of lien, the copy of it sent after filing, and the lien action. Each of those rules names the direct contractor, the subcontractor, the sub-subcontractor, the supplier and the laborer, on any kind of project [1].

The notice stage is where the roles part. The notice to contractor under § 44-14-361.5(a) is listed for sub-subcontractors, suppliers and laborers, and its branch is narrow in two ways: it applies where a notice of commencement has been filed, and for a claimant without privity of contract with the contractor [1]. For direct contractors and subcontractors, the same stage reads None required [1]. The statute blocks printed under that row include § 44-14-361.3, the section on a "preliminary notice of lien" [1].

How the periods run

The notice to contractor looks at two dates and takes the later one: 30 days after first furnishing or after a notice of commencement is filed, whichever is later [1].

The claim of lien runs from the last labor, services or materials furnished: 90 days after last furnishing [1]. Under the statute, a claim of lien not filed for record within this time leaves the lien not effective or enforceable [1].

Filing the claim of lien starts two further clocks. The first is the copy of the claim of lien: 2 business days after the claim of lien is filed [1].

The second is the lien action, due 365 days after the claim of lien is filed [1]. Under § 44-14-367, failing to commence the lien action within that time, or failing to file the notice of commencement of lien action, renders the claim of lien unenforceable [1].

One more rule sits in the deadline to sue, on its own branch. After the owner or the contractor records a notice of contest of lien, § 44-14-368 sets the period at 60 days from receipt of the notice of contest of lien. [1] Because that period runs from the day the notice is received, the table lists it without a counted date, and the calculator does not count one for it.

Where a notice of commencement fits

The notice of commencement is filed with the clerk of the superior court by the owner, the owner's agent or the contractor, not later than 15 days after the contractor physically commences work on the property [1]. Where no notice of commencement is filed, the section that calls for a notice to contractor does not apply [1]. The notice to contractor rule is listed only under its notice of commencement branch.

Counting the days

Georgia's general computation provision, O.C.G.A. § 1-3-1(d)(3), does not count the first day and counts the last day [1]. A last day landing on a Saturday, a Sunday or a legal holiday is carried forward to a later day, and this applies at every stage shown here [1]. For the copy of the claim of lien, which runs in business days, the statute's definition of a business day is in O.C.G.A. § 44-14-360(.1) [1].

What changed recently

The Official Code of Georgia Annotated text quoted here is current through the 2026 Special Session [1]. Section 44-14-361.1, which holds the claim of lien and lien action periods, was last amended by Ga. L. 2021, p. 674 (HB 480) [1]. Section 44-14-361.5, the notice of commencement and notice to contractor section, was last amended by Ga. L. 2014, p. 866 (SB 340) [1]. Ga. L. 2008, p. 1063 (SB 374) last amended § 44-14-367 and also enacted § 44-14-368, the notice of contest of lien provision [1].

Related

Run the numbers for Georgia

Lien deadlines: other states

Sources

  1. Official Code of Georgia Annotated, LexisNexis public access for the Georgia General Assembly (retrieved 2026-09-30)

Changelog

  1. : Page published.
  2. : Dataset first published: 9 of 51 jurisdictions published.