Updated August 2025 | All statutory references in this article reflect the Georgia Code, Title 44, Chapter 14 (2024 codification)
A mechanics lien is one of the strongest remedies available to secure payment in Georgia construction projects. By recording a lien, you encumber the property and cloud title, making it difficult for the owner to refinance or sell until the debt is resolved. Because this directly affects the property owner, lien rights are carefully regulated by statute.
General contractors, subcontractors, and suppliers all have lien rights in Georgia, but responsibility for preliminary notices depends on the role and the filing of a Notice of Commencement by the general contractor. Subcontractors and material suppliers are especially impacted because their lien rights may be lost if they fail to serve required notices.
Who Can File a Mechanics Lien in Georgia?
Under O.C.G.A. § 44-14-361, general contractors, subcontractors, and material suppliers may file a lien. Architects, engineers, surveyors, foremen, and laborers also have lien rights if their work or materials improve the property.
Preliminary Notices in Georgia
There are two types of preliminary notices in Georgia:
- Notice to Contractor (conditional on a Notice of Commencement being filed)
- Preliminary Notice of Lien Rights (optional but recommended)
Notice to Contractor
Who Must Serve a Notice to Contractor?
A party without a direct contract with the property owner must serve a Notice to Contractor if the general contractor files a valid Notice of Commencement under O.C.G.A. § 44-14-361.5.
Mandatory Use of State Website:
As of recent amendments, Notices of Commencement and Notices to Contractor must be filed and accessed through the Georgia Superior Court Clerks’ Cooperative Authority (GSCCCA) online system. This system creates the official public record and is the method by which subcontractors and suppliers can confirm whether a Notice of Commencement exists.
If no Notice of Commencement is recorded on the GSCCCA site, you are not required to serve a Notice to Contractor—but best practice is to always serve it.
What Must Be on the Notice to Contractor Form?
- Claimant’s name, address, and telephone number
- Name and address of the party hiring you
- Project name and location as stated in the Notice of Commencement
- Description of labor, services, or materials provided
- Contract price or anticipated value
When to Serve
You must serve the Notice to Contractor within 30 days of first furnishing labor or materials, or within 30 days of the filing of the Notice of Commencement, whichever is later.
Service is valid if made via certified mail, statutory overnight delivery, or personal delivery, but best practice is to also confirm the recordation through GSCCCA’s system, since this is where general contractors and owners are expected to monitor notices.
Failure to Serve
If required and not served, lien rights are invalid.
Preliminary Notice of Lien Rights
Who Must File?
This notice is optional under O.C.G.A. § 44-14-361.3. Any lien claimant may file it to give public notice of their involvement.
Required Information
- Claimant’s name, address, and telephone number
- Name and address of the hiring party
- Owner’s name
- Property description
- General description of labor, services, or materials furnished
Deadline
Must be filed in the clerk’s office of the superior court within 30 days of first furnishing.
Website Filing Option:
Many counties now require electronic filing of Preliminary Notices of Lien Rights through the GSCCCA eFile portal. Subcontractors and suppliers should confirm with the specific county clerk, but online filing has become the standard method statewide.
Copy to General Contractor
If you have no direct contract with the owner, you must also serve a copy on the general contractor within 7 days of filing, by certified mail, statutory overnight delivery, or personal delivery.
Failure to File
Since optional, rights are not directly lost, but filing is strongly recommended for lower-tier parties.
When to File a Georgia Mechanics Lien
You must record a lien within 90 days of last furnishing labor or materials (O.C.G.A. § 44-14-361.1).
How to File a Mechanics Lien in Georgia
- Prepare Your Lien Form
Include all statutory details and the warning statement in 12-point bold. Must be notarized. - Record the Lien
File with the clerk of the superior court in the county where the project is located.
Mandatory Website Filing:
Most counties require electronic lien filing via the GSCCCA lien eFiling system. Walk-in or mailed filings are still possible in some counties, but e-filing is the default.
- Serve the Owner
Serve a copy of the lien on the property owner within 2 business days after filing. - Enforce the Lien
Foreclosure suit must be filed within 365 days. You must also record a Notice of Commencement of Lien Action within 30 days, typically through GSCCCA eFiling.
Best Practices for Filing a Georgia Mechanics Lien
- Check GSCCCA Before Serving Notices
Search the GSCCCA site to confirm if a Notice of Commencement was filed. This avoids missing your duty to serve a Notice to Contractor, which could invalidate lien rights. - Use GSCCCA eFile for Reliability
Filing at efile.gsccca.org gives you instant confirmation and proof of timing. That digital record is stronger evidence than relying on paper or mail receipts. - Serve Notices Even If Optional
Sending a Preliminary Notice of Lien Rights, though not required, strengthens your position and reduces disputes. It signals professionalism and protects leverage. - Send a Notice of Intent to Foreclose First
Foreclosure lawsuits are costly. A Notice of Intent often prompts owners to pay without litigation, saving time and money.
Keep Records of Service
Hold on to certified mail receipts, eFiling confirmations, and proof of delivery. These documents are your insurance if your lien is challenged.