Mechanic‘s and Materialman’s Liens

A special remedy under Georgia law protecting the construction industry from non-payment

The purpose of a Mechanic’s Lien is securing the payment of work performed or materials furnished for the construction, repair, alteration, or development of real property.  Justice and honesty are promoted by preventing an owner from enjoying the labor and materials furnished by others without compensation.

The Mechanic’s Lien creates a security interest against real property and directly affects the owner’s title.

A Mechanic’s Lien is primarily for general contractors, subcontractors, laborers, as well as material/equipment suppliers, but it also covers registered architects, registered land surveyors, registered professional engineers, as well as machinists and manufacturers of the machinery who may furnish, put up, or repair any such machinery.

Statutory procedures for asserting a lien must be strictly followed or the lien will be without legal effect.   The Mechanic’s Lien must contain certain information to be valid, and the deadlines for asserting the Mechanic’s Lien and providing certain notices are strictly enforced.  Unlike other areas of the law, the courts are unforgiving for missing a deadline required under the Mechanic’s Liens laws of Georgia.

A Mechanic’s Lien is not valid forever and must be enforced within a relatively short period of time by filing a “lien action.” Just like the time deadlines for asserting a Mechanic’s Lien, the courts strictly construe the time limits to bring a lien action, which are called statutes of limitation.  Being one day late can make the lien completely ineffectual.

Filing a Mechanic’s Lien does not guarantee the payment of any debt owed. The Mechanic’s Lien serves to cloud the title of the owner’s property, making it difficult or impossible to transfer the property without paying off the lien.  The Mechanic’s Lien also makes it difficult to refinance an existing loan secured by the property without paying off the debt.  As a result, a Mechanic’s Lien may lead to settlement or payment of an outstanding debt in order for the owner to clear the cloud on his or her title.  However, to actually collect on the debt, the lien holder must file suit to foreclose on the lien within the specified time period under Georgia law.

Who We Serve

  • General Contractors

  • Subcontractors

  • Plumbers

  • Electricians

  • Roofing Companies

  • HVAC Professionals

  • Homeowners

  • Construction Businesses

  • Construction Material Providers

How We Serve You

Due to the complexity of the statutory procedures for Mechanic’s Liens (and the strict enforcement of requirements and deadlines) and lien actions, knowledgeable counsel guiding your business through the Mechanic’s Lien process can be the difference between securing payment on your debt or losing your rights to secure that debt completely.

Alford & Burkhart has provided legal advice, guidance, and representation for a number of various construction businesses, including general contractors, subcontractors, heavy machinery operators, HVAC professionals, electricians, and more.  If you believe your Suwanee, Georgia construction business may have a claim for a mechanic’s lien due to non-payment for your work or if you have questions regarding liens or other construction issues, please contact Alford & Burkhart to speak directly with one of our attorneys.

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