Bond or Lien Claim-Private Work

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Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Claim of Lien (Mechanics).

Scope: State of Georgia, Private Works.

Time Constraints: You must have served the required Notice to Contractor (Private Works) or you cannot claim a lien. If you have given waiver and releases that have not been paid, you must do your lien within 60 days of the date of the issuance of the waiver, after filing an Affidavit of Nonpayment (see Lien Warning Notice for Georgia) or you cannot claim a lien that can be enforced.  Further, if you have not filed a copy of the Preliminary Notice of Lien Rights (see Lien Warning Notice for Georgia) with the County Recorder's Office where the project is located within the statutory time frame, your lien claim may be removed by the filing of an Affidavit from the prime contractor or owner stating that you have been paid in full or have waived your lien rights. (see Georgia Preliminary Notice, Private Works, memo for more information).

Claim of Lien: You must file your Claim of Lien with the county recorder's office within 90 days (not 3 months), inclusive, after the last furnishing of labor, materials or service. Additionally, if you have filed a Preliminary Notice with the County Clerk's office, and the owner or Prime contractor demands that a lien claim be filed immediately, then you must file your Claim of Lien within 10 days of the demand or your Preliminary Notice claim is dissolved, and the Prime Contractor or Owner may then block your lien claim (see above). You must also serve a copy by certified mail of the Claim of Lien upon the owner, or the prime contractor as agent of the owner.  In addition, you must send a copy of the attested (filed) lien with the Notice to Owner of Lien filing within two business days of your filing the lien claim.  It is not clear if this means two days of the claim actually being filed, or within two days of your receiving the attested copies.  If you are an out of state claimant, this could make for some problems.

Perfection: Claim of Lien: To perfect your Mechanic's Lien, you must file suit against the relevant parties to foreclose the lien and enforce any bond claim within 395 days (not 12 months) of the date the debt became due. File a notice with the court of your claim within 14 days of filing suit.

The usual remedy is file to enforce all claims in one suit (see below, Procedures). In any case, we strongly recommend that your attorney handle the enforcement actions to perfect your lien claims.

Information Requirements: Program information and information for Exhibits A-D, any additional costs as to legal fees, court costs and interest charges (don't pass these up. Estimate if necessary. In the case of Bond Claims, the lenders or sureties will reserve only the amount for which you make claim), and the county of the state where the recording will be made.

Form Types: Notice to Owner of Lien Filing, Claim of Lien (Mechanics), Exhibit's A-D, if needed and the Recorder's Letter.

Procedures: Within the statutory time limits, prepare your documents using the required information. File your lien claim, and send copies by certified mail immediately to the owner (a copy for the prime contractor is also in order) and a copy to the sureties, if known. At this point you are ready to file suit to enforce all of your claims in one action.

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