Georgia Code
Part 3 - Mechanics and Materialmen
§ 44-14-361.1. How Liens Declared and Created; Amendment; Record; Commencement of Action; Notice; Priorities; Parties; Limitation on Aggregate Amount of Liens

A.B., a mechanic, contractor, subcontractor, materialman, machinist, manufacturer, registered architect, registered forester, registered land surveyor, registered professional engineer, registered interior designer, or other person (as the case may be) claims a lien in the amount of (specify the amount claimed) on the house, factory, mill, machinery, or railroad (as the case may be) and the premises or real estate on which it is erected or built, of C.D. (describing the houses, premises, real estate, or railroad), 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) for building, repairing, improving, or furnishing material (or whatever the claim may be).”
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;
“That certain claim of lien filed by A.B. against property of C.D. on (date) and recorded at book (book#), page (page#) in the lien index of (name of county) County is hereby amended by reducing the amount of such claim of lien to (specify reduced amount claimed). The remaining terms of such original claim of lien are hereby incorporated by reference into this amended claim of lien. This amended claim of lien relates back to the date that such original claim of lien was filed for record.”
and shall be sent to the owner of the property in the same manner as required for a claim of lien in paragraph (2) of subsection (a) of this Code section.
(a.1) A claim of lien may be amended at any time to reduce the amount claimed, and such amended claim of lien shall relate back to the date of filing for record of the original claim of lien. An amended claim of lien filed for record pursuant to this subsection shall be in substance as follows:
History. Ga. L. 1873, p. 42, § 7; Code 1873, § 1980; Ga. L. 1874, p. 45, § 1; Code 1882, § 1980; Civil Code 1895, § 2804; Civil Code 1910, § 3353; Code 1933, § 67-2002; Ga. L. 1941, p. 345, § 1; Ga. L. 1952, p. 291, § 1; Ga. L. 1953, Jan.-Feb. Sess., p. 582, §§ 3-5; Ga. L. 1956, p. 185, §§ 2, 3; Ga. L. 1956, p. 562, § 3; Ga. L. 1960, p. 103, § 1; Ga. L. 1967, p. 456, § 1; Ga. L. 1968, p. 317, § 1; Ga. L. 1977, p. 675, § 1; Ga. L. 1981, p. 846, § 1; Code 1981, § 44-14-362 ; Code 1981, § 44-14-361.1 , enacted by Ga. L. 1983, p. 1450, § 1; Ga. L. 1984, p. 22, § 44; Ga. L. 1985, p. 1322, § 3; Ga. L. 1989, p. 438, § 1; Ga. L. 1991, p. 639, § 1; Ga. L. 1997, p. 829, § 1; Ga. L. 1998, p. 860, § 1; Ga. L. 2000, p. 1589, § 3; Ga. L. 2008, p. 1063, § 2/SB 374; Ga. L. 2010, p. 859, § 1/SB 362; Ga. L. 2019, p. 1056, § 44/SB 52; Ga. L. 2021, p. 674, § 4/HB 480.
The 2000 amendment, effective July 1, 2000, substituted “certified mail or statutory overnight delivery” for “certified mail” in the last undesignated paragraph following paragraph (2)(a).
The 2008 amendment, effective March 31, 2009, rewrote this Code section.
The 2010 amendment, effective July 1, 2010, added subsection (a.1).
The 2019 amendment, effective May 12, 2019, part of an Act to revise, modernize, and correct the Code, inserted “that” following “provided, however,” near the middle of paragraph (a)(2).
The 2021 amendment, effective May 10, 2021, inserted “and (10)” near the beginning of subsection (a); in paragraph (a)(1), deleted “or” following “engineering services furnished or performed;” and added “; or for registered interior design services furnished or performed” at the end; in paragraph (a)(2), substituted “surveying, engineering services, or interior design services” for “surveying or engineering services” in the introductory paragraph and inserted “registered interior designer,” in the first undesignated paragraph; inserted “registered interior designer’s services,” near the beginning of paragraph (a)(4). See Editor’s notes for applicability.
Editor’s notes.
Ga. L. 1998, p. 860, § 3, not codified by the General Assembly, provides that this Act is applicable to claims of lien filed on or after July 1, 1998.
Ga. L. 2000, p. 1589, § 16, not codified by the General Assembly, provides that this Act is applicable with respect to notices delivered on or after July 1, 2000.
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 discussing status of lienor at time of bankruptcy, see 10 Ga. B.J. 181 (1947).
For article discussing failure of consideration, see 4 Mercer L. Rev. 327 (1953).
For comment on Victory Lumber Co. v. Ellison, 95 Ga. App. 105 , 97 S.E.2d 334 (1957), holding “that unless a materialman files suit against a contractor prior to the contractor’s discharge in bankruptcy, he cannot enforce his lien against the property upon which the materials were used,” see 21 Ga. B.J. 91 (1958).
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 advocating more protection of subcontractor’s interest by modification of lien laws, see 14 Ga. St. B.J. 88 (1977).
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 article on construction law, see 42 Mercer L. Rev. 25 (1990).
For annual survey of construction law, see 43 Mercer L. Rev. 141 (1991).
For article, “Caveat Venditor: The Material Supplier’s Dilemma on a Construction Project,” see 28 Ga. St. B.J. 154 (1992).
For article, “Recent Developments in Construction Law,” see 5 Ga. St. B.J. 24 (1999).
For annual survey article discussing developments in construction law, see 51 Mercer L. Rev. 181 (1999).
For annual survey on commercial law, see 53 Mercer L. Rev. 153 (2001).
Construction Law, see 53 Mercer L. Rev. 173 (2001).
For annual survey of construction law, see 57 Mercer L. Rev. 79 (2005).
For survey article on construction law, see 60 Mercer L. Rev. 59 (2008).
For survey article on real property law, see 60 Mercer L. Rev. 345 (2008).
For annual survey on construction law, see 61 Mercer L. Rev. 65 (2009).
For annual survey of construction law, see 67 Mercer L. Rev. 23 (2015).
For article with annual survey on construction law, see 73 Mercer L. Rev. 59 (2021).