The 90-day filing deadline
Under O.C.G.A. 44-14-361.1(a)(2), a claim of lien must be filed not later than 90 days after completion of the work or furnishing of the materials or services.
The traps are the other numbers in the lien statute:
- 30 days is the notice-to-contractor and notice-of-lien-action period.
- 3 months is the pre-2009 rule; 90 days replaced it effective March 31, 2009.
- 365 days is the time to commence the lien action after the claim of lien is filed.
Counting 90 days
A framing subcontractor finishes June 1:
- June 1 to June 30: 29 days.
- July: 31 more, reaching 60 on July 31.
- August: 30 more reaches 90 on August 30.
September 1 is three calendar months, the old rule. July 1 is only 30 days. August 31 overcounts by one day.
The owner's copy: 2 business days
No later than two business days after the claim of lien is filed of record, the claimant must send the owner a true and accurate copy (44-14-361.1(a)(2)).
Business days skip the weekend. A claim filed on a Thursday (no holidays): Friday is day 1, Monday is day 2, so the copy is due Monday.
- Saturday counts calendar days, the common error.
- Friday allows only one business day.
- Thursday of the following week borrows the 7-day affidavit-of-nonpayment period.
Permitted delivery methods
The copy must go by registered mail, certified mail, or statutory overnight delivery. Each of those three is expressly permitted. First-class mail is not listed, and using it is a common error.
Missing a step kills the lien
If the filing and mailing requirements of 44-14-361.1(a) are not met, the lien is not effective or enforceable.
A claim filed on time with the owner's copy sent by first-class mail a week later fails: late and by an unlisted method. Filing within 90 days alone is not enough, because mailing is part of the same statutory requirements. The statute has no late-fee cure and no partial or percentage reduction of the lien.