Georgia State Lien Law Summary

Contractors; subs of appar­ently any tier; suppliers of labor or materials to owner, gen­eral or first- or second-tier sub, at least where the general is aware of the second tier sub and does not object. NOTE that contractors and subcontractors must be licensed, and if they are unlicensed they will not have lien rights. Note that the contractor’s or sub’s failure to be licensed does not prevent their subs or suppliers from having lien rights. [43-41-1 et seq.; 43-41-17; 43-14-8 (for electrical subs)] NOTE ALSO that the supplier must keep separate job accounts in order to preserve its lien rights. NOTE that suppliers to suppliers do NOT have lien rights. NOTE that registered architects, registered foresters, registered land surveyors, and registered professional engineers have lien rights, as do manufacturers of machinery and rentals of tools, machinery & equipment. NOTE ALSO that anti-assignment language in a subcontract MAY limit the tiers of coverage. [Benning Const. Co. v. Dykes Paving and Const. Co., Inc., 426 S.E.2d 564 (Ga.1993)] [44-14-361, 44-14-360, 44-14-365; In re Amarlite Architectural Products, Inc., , 178 B.R. 904 (1995)]

Suppliers of labor or mater­ials at least to general or first- and second-tier subs, or to another supplier. A payroll service that also provides workers’ compensation services, and even advances funds to the contractor to pay laborers is NOT covered by the payment bond. [13-10-60; Barton Malow Co. v. Metro Mfg., Inc.,.214 Ga.App. 56, 446 S.E.2d 785 (Ct.App.Ga. 1994); Gulf Ins. Co. v. GFA Group, Inc., 251 Ga. App. 539, 554 S.E.2d 746 (2001)] General maintenance and cleaning services are not covered. [36-91-2, Board of Regents of University System of Georgia v. Brooks, 749 S.E.2d 23 (Ga. App. 2013)]

-Real estate for which labor or materials were furnished

-Payment bond, where one is given

-Lien removal bond, where one is given. [44-14-361; 10-7-31; Schor update at §11.03[I], citing case law.]

Contractor’s payment bond, or security deposit in the form of a cashier’s check, certified check, or cash, as appropriate. If the public body fails to require a bond, then the claimants can bring a claim directly against the public body. [13-10-60, 36-91-90, 36-91-91] If, however, the project is necessitated by an emergency, then the public body is not required to obtain a bond, and the public body will not be liable if the contractor does not pay its subs. The sub is also not allowed to recover on the basis of quantum meruit, unjust enrichment, or implied obligation. [36-91-90; City of College Park v. Sekisui SPR Americas, LLC, 331 S.E.2d 404 (Ct.App. 2015)] Where the bond is available and adequate, the claimant cannot bring a claim against the contract funds. [McArthur Elec., Inc. v. Cobb County School Dist., 642 S.E.2d 830 (Ga. 2007)] NOTE, HOWEVER, that where the contractor provides a payment bond that purports to be valid, the public body is NOT responsible for checking to verify that the bond is in fact valid. If it is not valid, the public body is NOT liable. [Board of Regents of University System of Georgia v. Brooks, 749 S.E.2d 23 (Ga. App. 2013)] By entering into a construction contract, the governmental agency waives any claim of sovereign immunity as a defense to any breach of contract claim. [State Dept. of Corrections v. Developers Sur. And Indemn. Co., 763 S.E.2d 868 (2014)]

LIEN CLAIM:

There are two notices. The first, the notice to contractor, is given when a notice of commencement (NOC) has been filed or posted by the general contractor, and must be given by everyone who does not have a contract with the general contractor.  The second one, the Preliminary Notice of Lien Rights, is optional in all cases. (The information required in each of these notices is set out below, in the “Contents of preliminary notice” section.) If no NOC is filed, then no preliminary notice is required. If the NOC is filed but not posted, the notice to contractor is still required. [Rey Coliman Contractors, Inc. v. PCL Const. Services, Inc., 296 Ga.App. 892, 676 S.E.2d 298, 9 FCDR 1135 (Ga.App.2009)] NOTE that where the developer is also acting as general contractor, it should be treated as the owner; in other words, unless claimant’s contract is directly with the developer AS THE DEVELOPER, assume the contract is with the general contractor, and give notice to the developer. [44-14-361.5, 44-14-361.3; Schor at §11.03[D]; Roofing Supply of Atlanta, Inc. v. Forrest Homes, Inc. 279 Ga.App. 504, 632 S.E.2d 161 (Ga.App. 2006)]

A claimant who doesn’t know whether an NOC has been filed/posted should send a written request to the contractor. If there is no response within 10 days, the claimant is not required to give any preliminary notice, even if an NOC was filed/posted. [44-14-361.5]

NOTE that with­in 10 days after the claimant receives final payment on the project, the claimant must can­cel pre­liminary notice with clerk or be liable to owner for any damages, including at­torney fees. Form for can­cella­tion: Please contact Levy von Beck and Associates for this information.

The owner or con­tractor may demand in writ­ing that a claimant file his or her lien within 10 days of receiving the Preliminary Notice of Lien Rights. Fail­ure to file your lien with­in 10 days after that de­mand for­feits your right to lien. [44-14-361.4­]

If no notice of commencement is filed, no prelien is required, but recommend sending it in all cases anyway. [44-14-361.5] If the NOC is filed late, but still prior to the sub or supplier performing its work or delivering the materials, then the NOC is valid and the notice to contractor is required. [Beacon Medical Products, LLC v. Travelers Cas. and Sur. Co. of America, 655 S.E.2d 710, 292 Ga.App. 617 (Ga.App.,2008)] In fact, as long as the NOC is filed, even if it is filed more than 15 days after construction commences, and after the claimant begins supplying to or working on the project, then the claimant must still give a notice to contractor. [Southeast Culvert, Inc. v. Hardin Bros., LLC, 718 S.E.2d 28 (Ga.App.2011)]

CLAIM AGAINST A PAYMENT BOND:

Where a Notice of Commencement has been filed or posted by the general contractor, everyone who does not have a contract with the general contractor, but who seeks the protection of the payment bond, must send the notice to contractor discussed above. [10-7-31]

GENERAL CONTRACTOR:

May give Notice of Commencement. If it is given, all subs and suppliers not in privity with the general have additional notice requirements, discussed below, so that the general is aware of them and their potential claims. [36-91-92]

ALL OTHER CLAIMANTS:

All claimants contracting with sub but not general contractor, where general HAS complied with Notice of Commencement require­ments. The Notice of Commencement is to be posted on the jobsite, and is to be filed with the clerk of the superior court by the general con­tractor within 15 days of the general physically commencing work on the project. (Per case law, the 15-day deadline only applies to the court filing, not to posting.) In addition, a copy is to be given within 10 calendar days of the request to anyone who requests one in writing. If it is not given after a copy is requested, the claimant is not required to give the early notice. Thus a claimant who doesn’t know whether an NOC has been filed/posted should send a written request to the contractor. If there is no response within 10 days, the claimant is not required to give any preliminary notice, even if an NOC was filed/posted. [44-14-361.5]

The required contents of the Notice of Commencement are not set out here. Per case law cited in Schor, where the general contractor has not FILED the Notice of Commencement, only the final notice must be given. No additional notice is required of claimant who gives a prelien notice, where the general HAS complied with the notice requirements. [13-10-62, 36-91-93] The safest route, of course, is to just give this notice in all cases. Note, however, that the cases interpreting the NOC in the lien setting may apply to the public works setting, thus as long as the NOC is filed, even if it is filed more than 15 days after construction commences, and after the claimant begins supplying to or working on the project, then the claimant must still give a notice to contractor. [Southeast Culvert, Inc. v. Hardin Bros., LLC, 718 S.E.2d 28 (Ga.App.2011)]

LIEN CLAIM:

NOTICE TO CONTRACTOR:

-Owner or agent

-Contractor. [44-14-361.5]

PRELIMINARY NOTICE OF LIEN RIGHTS:

-Clerk of superior court

-Owner or contractor. [44-14-361.3]

CLAIM AGAINST A PAYMENT BOND:

To the contractor. [10-7-31]

BY THE GENERAL CONTRACTOR:

Posted on the construction site and filed with the clerk of the superior court of the county where the project is located. Contractor must also give a copy to any sub, supplier or other person who gives a written request seeking a copy. [36-91-92]

BY ALL OTHER CLAIMANTS:

To the Contractor. [13-10-63, 36-91-93]

LIEN CLAIM:

NOTICE TO CONTRACTOR:

Notice must be received:

-Within 30 days after claimant’s first delivery, or

-Within 30 days after fil­ing of notice of commence­ment, WHICHEVER IS LATER. (The owner files the notice of commencement with the clerk of the superior court, and the claimant may obtain a copy by written request to the owner or contractor.) [44-14-361.5]

PRELIMINARY NOTICE OF LIEN RIGHTS:

-File with clerk within 30 days after delivery of ma­terials. While APPARENTLY this notice MAY be given within 30 days after last delivery, recommend giving it within 30 days after first delivery, if you decide to give it at all, since the statute is not clear.

-Send copy to owner or con­tractor within 7 days of filing. [44-14-361.3]

CLAIM AGAINST A PAYMENT BOND:

Notice must be received within 30 days after claimant’s first delivery, or within 30 days after fil­ing of Notice of Commence­ment, WHICHEVER IS LATER. [10-7-31]

BY THE GENERAL CONTRACTOR:

It must be filed within 15 days after the contractor physically commences work on the site, and a copy must be received within 10 calendar days after receiving a written request. [36-91-92]

BY ALL OTHER CLAIMANTS:

Notice must be received within 30 days from the fil­ing of the Notice of Com­mencement or 30 days after first delivery of labor, material, etc., whichever is later. [13-10-63, 36-91-93]

LIEN CLAIM:

NOTICE TO CONTRACTOR:

-Name, ad­dress, and tele­phone number of claimant;

-Name and ad­dress of each person at whose instance the labor, servic­es, or materials are fur­nished (and note that failure to include address will invalidate notice, even if the contractor and surety had actual knowledge of the sub’s address and the location of the project);

-Name of the project and location of the project set forth in the notice of com­mencement (and note that failure to include location will invalidate notice);;

-Description of the labor, services, or materi­als be­ing provided; and,

-If known, the contract price or an­ticipated value of the la­bor, services, or materi­als to be provided or the amount claimed to be due, if any.  Note that if the actual amount sought is greater than the amount stated in the notice, the greater amount is still lienable. [44-14-361.5; Sierra Craft, Inc. v. T.D. Farrell Const., Inc., 638 S.E.2d 815 (Ga.App. 2006); Consolidated Pipe & Supply Co., Inc. v. Genoa Const. Services. Inc., 690 S.E.2d 894 (Ga.App.,2010)]

PRELIMINARY NOTICE OF LIEN RIGHTS:

-Name, ad­dress and tele­phone num­ber of claim­ant;

-Name and address of con­tractor or person at whose instance the materials were supplied;

-Name of owner of real estate;

-Description of real estate sufficient for identifi­cation; and

-General description of labor or materials fur­nished or to be furnished. [44-14-361.3]

CLAIM AGAINST A PAYMENT BOND:

The notice is called a Notice to Contractor, and must contain the same information as NOTICE TO CONTRACTOR, above. [10-7-31]

BY THE GENERAL CONTRACTOR:

Called a Notice of Commencement. Must include:

-The name, address, and telephone number of the contractor;

-The name and location of the public work being constructed or a general description of the improvement;

-The name and address of the governmental entity that is contracting for the public works construction;

-The name and address of the surety for the performance and payment bonds, if any; and

-The name and address of the holder of the security deposit provided, if any. [36-91-92]

BY ALL OTHER CLAIMANTS:

Called a notice to contractor. Must include:

-The name, address, and telephone number of the claimant;

-The name and address of each person at whose instance the labor, materi­al, etc. is being furnished;

-The name and the loca­tion of the public work;

-A description of the labor, material, etc. being provided; and

-If known, the con­tract price or anticipat­ed value of the labor, mate­ri­al, etc. provided or the amount claimed to be due, if any. [13-10-63, 36-91-93]

LIEN CLAIM:

NOTICE TO CONTRACTOR: Certified or reg­istered mail or statutory overnight delivery, to the addresses set out in the notice of commencement. It appears that service is complete upon mailing. [44-14-361.5]

PRELIMINARY NOTICE OF LIEN RIGHTS:

-Filed with court

-Registered or certified mail or statutory overnight delivery to owner or contractor. It appears that service is complete upon mailing. [44-14-361.3]

CLAIM AGAINST A PAYMENT BOND:

No method specified. Actual receipt is required, thus personal delivery or certified or reg­istered mail recommended. [10-7-31]

BY THE GENERAL CONTRACTOR:

“Posted” at the site, “filed” with the clerk, and “supplied” to those requesting a copy. [36-91-92]

BY ALL OTHER CLAIMANTS:

No method specified; therefore personal service or regis­tered or certified mail recommended. It appears that the notice must be received to be effective. [13-10-63, 36-91-93]

An interim notice is not required.

An interim notice is not required.

LIEN CLAIM:

All claimants. [44-16-361.3] NOTE that there is a provision for an owner or contractor to provide a bond in order to release the lien. This procedure is not discussed in detail here, though the party providing the bond is supposed to notify the claimant of the filing of the bond within seven days of filing the bond. [44-14-364]

CLAIM AGAINST A PAYMENT BOND:

No specific provision. It is very important, however, that the claimant obtain a copy of the payment bond itself, as the bond may set out requirements for a final notice and a deadline for filing suit. [10-7-31]

All claimants having no direct contract with gener­al.

LIEN CLAIM:

–Clerk of superior court;

-Owner, however if the owner’s address cannot be found, the lien claim should be given to the contractor, as the agent of the owner. If the property owner is an entity on file with the Secretary of State’s Corporations Division, send a copy to the entity’s address or the registered agent’s address; and

-Where a notice of commencement has been given, to the contractor at the address shown on the notice of commencement. [44-14-361.1]

CLAIM AGAINST A PAYMENT BOND:

No specific provision. It is very important, however, that the claimant obtain a copy of the payment bond itself, as the bond may set out requirements for a final notice and a deadline for filing suit. [10-7-31]

To the Contractor. [13-10-63, 36-91-93]

LIEN CLAIM:

-Filed within ninety days after claimant’s final delivery under the original contract. Do not file before the claimant’s work under the contract is completed. It is possible that punch list work will be included in determining the last date work or material was provided, but best not to count on that. [44-14-361.1; D.C. Ecker Const., Inc. v. Ponce Inv., LLC, 294 S.E.2d 833 (Ga.App.2008)] NOTE, however, that if claimant sends a prelimi­nary notice, and then receives a notice of demand to file a lien, then the lien must be filed within 10 days of the mailing of that no­tice. (This demand cannot be sent prior to substantial completion, abandonment, or termination on a non-residential project.)

-True and accurate copy of lien must be sent to the owner and, where a notice of commencement is filed, to the contractor at the address shown on the NOC. The notice must be sent no later than two business days after the lien is filed. Failure to send copy to owner or contractor is a fatal defect. If the owner’s address cannot be found, then give notice to the contractor, as the agent of the owner. If, however, 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 will satisfy the notice requirement.

-Filed within sixty days after claimant signs a lien waiver, if claimant has not actually been paid. (If claimant prefers, there is an affidavit of nonpayment it can file instead. It is essential to do one or the other, however, or the debt will be conclusively presumed to have been paid.) [44-14-366(f)(2)]

If the deadline for filing the lien falls on a Saturday, Sunday or legal holiday, the lien may be filed on the following business day. [44-14-369]

NOTE ALSO that a lien cannot be amended after the ninety-day filing period has lapsed, EXCEPT that a lien may be amended at any time to REDUCE the amount claimed.  The amended lien must be sent to the owner in the same manner as required for a lien. [44-14-361.1; Schor at §11.03[F][2]]

NOTE, HOWEVER, that there may be an issue if the notice is given within 90 days of the last delivery of materials, but these last supplied materials were not supplied pursuant to the original contract. In that case, it is strongly recommended to send the notice within 90 days of the last delivery of materials pursuant to the original contract. Per Schor, if it is possible to wait until the project is completed before filing and still be within the 90-day statutory period, that is recommended. There is some argument that a lien filed before a project is completed is premature. [44-14-361­.1, 44-14-361.3]

CLAIM AGAINST A PAYMENT BOND:

No specific provision. It is very important, however, that the claimant obtain a copy of the payment bond itself, as the bond may set out requirements for a final notice and a deadline for filing suit. [10-7-31]

Notice must be received within 90 days after claimant’s last delivery. [13-10-63, 36-91-93] NOTE that in light of the US Filter case cited under the private works column, it is likely that the same rule pertaining to the deadline for filing will apply in the case of bonds. Therefore, if the deadline for filing a bond claim falls on a weekend or a legal holiday, it is safest to file no later than the last weekday BEFORE the weekend or legal holiday. It is not clear that the statutory change applying to private works would also apply to public works, so recommend continuing to file BEFORE weekends or holidays.

LIEN CLAIM:

Filed with the clerk of the superior court of the coun­ty where the property is located, and sent by regis­tered or certified mail (recommend return receipt requested) or statutory overnight delivery (recommend signature on delivery required) to the owner and/or contrac­tor (sending to both is recommended). (Note that an amended lien must be filed and delivered to the owner in the same methods as described here. [44-14-361.1]) If the owner’s address cannot be found, notice must be sent to the contractor, as the agent of the owner; but, 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. If a notice of commencement has been filed, the copy to the contractor must also be sent by registered or certified mail or statutory overnight delivery to the contractor at the address shown on the notice of commencement; faxing the lien is not acceptable. It appears that service is accomplished upon mailing; there does not appear to be a consequence if the recipient refuses delivery. [44-14-361.1; Phillips, Inc. v. Historic Properties of America, LLC, 260 Ga.App. 886, 581 S.E.2d 389 (2003)]

CLAIM AGAINST A PAYMENT BOND:

No specific provision. It is very important, however, that the claimant obtain a copy of the payment bond itself, as the bond may set out requirements for a final notice and a deadline for filing suit. [10-7-31]

Registered or certified mail or statutory overnight delivery, or in any manner acceptable for the service of process. The consequences of a recipient refusing delivery of a notice are not clear, therefore ensuring actual delivery is strongly advised. Personal service is acceptable. [13-10-63, 36-91-93]

LIEN CLAIM:

The lien must include the amount owing under the terms of the claimant’s contract, subcontract or purchase order, as well as interest on the principal amount due. Strict compliance with this form is essential; it is EXTREMELY important to get both the description of the property and the owner’s name EXACTLY CORRECT. It is also EXTREMELY IMPORTANT that the notice follows the statutory format EXACTLY. Errors can invalidate even timely filed notices. [44-14-361.1, 44-14-361(c) & (d); Schor at §11.03[F][2]; Handy Andy of Eastman, Inc. v. Evans, 310 Ga.App. 170, 712 S.E.2d 589, 11 FCDR 1983 (Ga.App., 2011)] Note, however that the courts have occasionally allowed some errors in the notice; see Madison Retail Suwanee, LLC v. Orion Enterprises Sales & Service, Inc., 309 Ga.App. 712, 711 S.E.2d 71, 11 FCDR 1416 (Ga.App.,2011), and 3400 Partners, LLC v. Chavez, 309 Ga.App. 475, 711 S.E.2d 19, 11 FCDR 1260 (Ga.App.,2011). NOTE ALSO that a lien will be limited to the work and materials which are actually incorporated into the structure. [Hill v. VNS Corp., 746 S.E.2d 876 (Ga.App., 2014)] NOTE ALSO that the amount is limited to the unpaid balance on the contract, and where the lien is on more than one property, the COMBINED TOTAL of the liens cannot exceed the outstanding contract balance or they will be INVALID. The debt must apparently be apportioned to each piece of property. [Seaboard Const. Co. v. Kent Realty Brunswick, LLC, — S.E.2d —-, 2015 WL 1432548 (Ct.App. 2015)] NOTE that now the lien is required to include a statement regarding its expiration pursuant to Code Section 44-14-367 and a notice to the owner of the property on which a claim of lien is filed that such owner has the right to contest the lien; the absence of such statement or notice shall invalidate the lien. [44-14-361.1]

NOTE that a lien may be amended at any time to REDUCE the amount claimed.  The amended lien must be sent to the owner in the same manner as required for a lien. [44-14-361.1] NOTE, however, that a defective lien may be amended only if the amendment takes place within 90 days of claimant’s last delivery. NOTE that if the contracting party is the tenant, the lien must identify the tenant in the lien as the person whose interest is being liened. If the owner has not authorized the tenant to make the improvements for the owner’s benefit, then the failure to identify the tenant and the tenant’s interest may invalidate the lien. [44-14-361; Meco of Atlanta, Inc. v. Super Valu Stores, Inc., 449 S.E.2d 687 (Ga.App., 1994)]

CLAIM AGAINST A PAYMENT BOND:

No specific provision. It is very important, however, that the claimant obtain a copy of the payment bond itself, as the bond may set out requirements for a final notice and a deadline for filing suit. [10-7-31]

-Amount of claim

-Name of party to whom materials were furnished.

[13-10-63, 36-91-93]

LIEN CLAIM:

A lien action – which is actually a breach of contract action, i.e., a suit on the underlying balance – must be filed within 365 days from the date of filing the lien. It may be in the form of a suit against the client’s customer, a cross-claim or counterclaim, or a proof of claim in a bankruptcy action, whichever is appropriate. In most cases, a claimant must obtain a judgment against his or her customer before pursuing the owner in a lien foreclosure action, but a claimant can, if they wish, bring suit on to foreclose the lien simultaneously with the suit on the underlying debt. A claimant contracting directly with the owner should definitely proceed that way. In addition to starting the suit on the underlying debt, within 30 days after commencement of that action (whether by filing suit, proof of claim, cross-claim or counterclaim), the claimant must file a Notice of Commencement of Lien Action with the clerk of the court. Failure to do either one of these is fatal to the claimant’s claim, and the lien can be disregarded if no Notice of Commencement of Lien Action is filed within 395 days after the lien is filed. In addition, the claim cannot be revived by dismissing the suit and refilling within the deadline. (See Metromont, below.) The notice of commencement of lien action must contain a caption refer­ring to the owner of prope­rty and refer­ring to a deed or other instrument reflec­ting title. In addition, it must be executed under oath by the claimant or the claimant’s attorney, and must identify the court or arbitration venue of the lien action, the style and number of the lien action, the names of all of the parties, the date of filing of the lien action, and the book and page number of county records where the lien is recorded.

There are exceptions to these requirements, however. For example, the claimant will not be required to first obtain a judgment on the underlying debt if either (a) during the time period for filing the lien, the general, sub, or any other party to the lien action has absconded, died, left the state, or been declared bankrupt, and so the claimant cannot obtain jurisdiction against the customer to sue them, or (b) there is an explicit pay-when-paid clause in the claimant’s contract, meaning that claimant’s customer is not required to pay the claimant until the customer has been paid. In those situations, the claimant must commence the lien foreclosure action within 365 days of filing the lien, and the notice of commencement of the action must be filed within 30 days thereafter. In all other cases, the claimant is required to first obtain judgment against the subcontractor or contractor with whom the claimant contracted, prior to foreclosing the lien directly against the real property.

A bankruptcy filing by a debtor can also complicate matters. If the debtor files bankruptcy after the lien action is filed but before the Notice of Commencement of Lien Action is filed, the claimant STILL must file the Notice of Commencement of Lien Action, as it’s a part of the process of perfecting the claimant’s lien. [See Gwinnett case, below] If the claimant’s claim arose after the bankruptcy filing, then the claimant must still file suit to preserve his or her claim. If the claimant’s claim arose before the bankruptcy filing, and is a part of the bankruptcy, then the claimant may proceed directly to filing the lien foreclosure action without first bringing suit to collect the underlying balance.

NOTE that where a Notice of Contest of Lien is given, the claimant must file a Notice of Commencement of Lien Action within 60 days after receiving the Notice of Contest of Lien. The Notice of Contest of Lien is to be recorded by the owner or contractor, or the agent or attorney of either of them, with the superior court clerk, and a copy sent to the claimant by certified or registered mail or overnight delivery within 7 days of filing. The lien will cease if no Notice of Commencement of Lien Action is filed within 90 days after the Notice of Contest of Lien is filed.  [44-14-360, 44-14-361.1, 44-14-367, 44-14-368; Metromont Materials Corp. v. Cargill, 473 S.E.2d 498 (1996), cert. denied, (Ga.1997); Gwinnett-Club Associates, L.P. v. Southern Elec. Supply Co., Inc., 529 S.E.2d 636 (Ga.2000) certiorari dismissed]   No separate lis pendens notice need be filed. [44-14-361.

NOTE that a payment bond is not treated the same as a lien release bond. [Sierra Craft, Inc. v. T.D. Farrell Const., Inc., 638 S.E.2d 815 (Ga.App. 2006)] If a lien release bond is timely posted, then the notice of commencement of lien action does not need to be filed. [4-14-364; Few v. Capitol Materials, Inc., 559 S.E.2d 429 reconsideration denied, on remand 562 S.E.2d 853 (Ga. 2002)]

NOTE that a lien is to be filed in the county where the property is located, but the foreclosure must be filed in the county where the defendant resides. [Foster v. Wilmington Plantation Owners Ass’n, Inc., 696 S.E.2d 85 (Ga.App.,2010)]

CLAIM AGAINST A PAYMENT BOND:

No specific provision. It is very important, however, that the claimant obtain a copy of the payment bond itself, as the bond may set out requirements for a final notice and a deadline for filing suit. NOTE that a payment bond is not treated the same as a lien release bond. [10-7-31; Sierra Craft, Inc. v. T.D. Farrell Const., Inc., 638 S.E.2d 815 (Ga.App. 2006)]

More than 90 days after last delivery or labor but less than 1 year after completion and accep­tance of project. [13-10-63, 13-10-65, 36-91-93, 36-91-95]