Georgia Code
Part 3 - Mechanics and Materialmen
§ 44-14-361. Creation of Liens; Property to Which Lien Attaches; Items to Be Included in Lien

History. Ga. L. 1873, p. 42, § 7; Code 1873, § 1979; Code 1882, § 1979; Ga. L. 1893, p. 34, §§ 1, 2; Ga. L. 1895, p. 27, § 1; Civil Code 1895, § 2801; Ga. L. 1897, p. 30, §§ 1, 2; Ga. L. 1899, p. 33, § 1; Civil Code 1910, § 3352; Code 1933, § 67-2001; Ga. L. 1953, Jan.-Feb. Sess., p. 582, §§ 1, 2; Ga. L. 1956, p. 185, § 1; Ga. L. 1956, p. 562, § 2; Ga. L. 1982, p. 1144, § 1; Ga. L. 1983, p. 3, § 33; Ga. L. 1983, p. 1450, § 1; Ga. L. 1985, p. 1322, § 2; Ga. L. 1991, p. 915, § 2; Ga. L. 2006, p. 738, § 1/SB 530; Ga. L. 2013, p. 1102, § 1/HB 434; Ga. L. 2021, p. 674, § 3/HB 480.
The 2006 amendment, effective July 1, 2006, in subsection (b), near the beginning, inserted “of the owner”, and substituted “are” for “were”, near the middle of the subsection, inserted “the” following “furnished at”, inserted “other”, and deleted “or” preceding “contractor”, and added “and shall include the value of work done and materials furnished in any easement or public right of way adjoining said real estate if the work done or materials furnished in the easement or public right of way is for the benefit of said real estate and is within the scope of the owner’s contract for improvements to said real estate.” at the end of the subsection.
The 2013 amendment, effective July 1, 2013, added subsections (c) and (d).
The 2021 amendment, effective May 10, 2021, deleted “and” at the end of paragraph (a)(8), substituted “; and” for a period at the end of paragraph (a)(9), and added paragraph (a)(10). See Editor’s notes for applicability.
History of Section.
This Code section originated in an Act of the General Assembly passed in 1841. Kwilecki v. Young, 180 Ga. 602 , 180 S.E. 137 (1935).
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2006, “owner or contractor” was substituted for “owner contractor” near the middle of subsection (b).
Editor’s notes.
Ga. L. 1982, p. 1144, § 1 amended this Code section, to become effective April 1, 1983. However, that 1982 Act was repealed by Ga. L. 1983, p. 1450, § 4, effective March 31, 1983. This Code section, as amended by the 1982 Act, was also amended by Ga. L. 1983, p. 3, § 33, effective January 25, 1983; however, owing to the repeal of the 1982 Act, that amendment may not be given effect.
Ga. L. 2021, p. 674, § 7/HB 480, not codified by the General Assembly, provides: “This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and Sections 2 through 8 of this Act shall apply to labor, services, or materials performed or furnished by registered interior designers on or after such date.” This Act was approved by the Governor on May 10, 2021.
Law reviews.
For article, “Some Rescission Problems in Truth-In-Lending, as Viewed From Georgia,” see 7 Ga. St. B.J. 315 (1971).
For note surveying revisions to Georgia Condominium Act between 1963 and 1975 regarding expansion, disclosure, liens, and incorporation, see 24 Emory L.J. 891 (1975).
For article discussing role of attorney in representing subcontractor and available enforcement mechanisms, see 14 Ga. St. B.J. 104 (1978).
For article, “Lien Claimants and Real Estate Lenders — The Struggle For Priority,” see 16 Ga. St. B.J. 187 (1980).
For note, “A New Concept: Preliminary Notice of Lien Rights,” see 19 Ga. St. B.J. 42 (1982).
For article surveying real property law, see 34 Mercer L. Rev. 255 (1982).
For annual survey of construction law, see 43 Mercer L. Rev. 141 (1991).
For note on 1991 amendment of this Code section, see 8 Ga. St. U.L. Rev. 166 (1992).
For annual survey article discussing materialmen’s liens, see 46 Mercer L. Rev. 117 (1994).
For article, “Recent Developments in Construction Law,” see 5 Ga. St. B.J. 24 (1999).
For survey article on construction law, see 59 Mercer L. Rev. 55 (2007).
For survey article on construction law, see 60 Mercer L. Rev. 59 (2008).
For article, “Non-Privity Lien Rights on Private Construction Projects: The Court of Appeals of Georgia Provides Clarity,” see 15 (No. 5) Ga. St. B.J. 20 (2010).
For annual survey on construction law, see 65 Mercer L. Rev. 67 (2013).
For article with annual survey on real property, see 73 Mercer L. Rev. 217 (2021).