History. Code 1933, § 67-2004, enacted by Ga. L. 1953, Jan.-Feb. Sess., p. 544, § 1; Ga. L. 1972, p. 469, § 1; Ga. L. 1981, p. 916, § 1; Ga. L. 1983, p. 1450, § 2; Ga. L. 2008, p. 1063, § 4/SB 374; Ga. L. 2012, p. 173, § 1-37/HB 665.
The 2008 amendment, effective March 31, 2009, in subsection (a), inserted “or her” in the first and second sentences, in the second sentence, inserted “lien” preceding “action”, substituted “365 days” for “12 months”, and substituted “of lien is filed” for “becomes due” at the end, and added the fifth sentence.
The 2012 amendment, effective July 1, 2012, in subsection (a), substituted “upon the approval of a bond by the clerk of superior court” for “by filing a bond in the office of that clerk” in the first sentence, in the third sentence, substituted “clerk of superior court” for “clerk of the court”, and substituted “the owner’s domicile” for “residential property”, added the fourth sentence, substituted “approval by the clerk” for “filing” in the fifth sentence, and added the last sentence; added the subsection (b) designation; near the beginning of the first sentence of subsection (b), substituted “the bond required by subsection (a) of this Code section” for “such bond” and substituted “such bond” for “the bond”; redesignated former subsection (b) as present subsection (c); and added subsection (d).
Law reviews.
For note, “Benning Construction Co. v. Dykes Paving and Construction Co.: Georgia Supreme Court Redefines the Scope of Materialman’s Lien Statutes,” see 45 Mercer L. Rev. 1401 (1994).
For survey article on construction law, see 59 Mercer L. Rev. 55 (2007).
Structure Georgia Code
Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens
Part 3 - Mechanics and Materialmen
§ 44-14-361. Creation of Liens; Property to Which Lien Attaches; Items to Be Included in Lien
§ 44-14-361.2. Dissolution of Lien
§ 44-14-361.4. Cancellation or Expiration of Preliminary Notice; Demand for Filing of Claim of Lien
§ 44-14-361.5. Liens of Persons Without Privity of Contract
§ 44-14-362. Cancellation of Preliminary Notice Upon Final Payment; Form of Cancellation
§ 44-14-367. Notice; Required Statement