A Georgia contractor fails to pay a subcontractor $15,000 for completed work. The subcontractor files a lien on March 15th. Under Georgia lien law, by what date must the subcontractor file suit to enforce the lien?
Correct Answer
D) March 15th of the following year
Under Georgia lien law, a lienor must file suit to enforce a lien within 365 days (one year) from the date of filing the lien.
Why This Is the Correct Answer
Under Georgia's mechanics' and materialmen's lien statute (O.C.G.A. § 44-14-361.1), a lienor must file suit to enforce the lien within 365 days from the date the lien was filed. A lien filed on March 15th must be enforced by suit filed no later than March 15th of the following year — exactly one year later.
Why the Other Options Are Wrong
Option A: September 15th (6 months later)
September 15th (6 months) is not the Georgia deadline. A 6-month enforcement period applies in some other states but not Georgia. Waiting until September and doing nothing would allow the lien to expire.
Option B: December 15th (9 months later)
December 15th (9 months) is not the Georgia deadline. This is a plausible-sounding distractor but has no basis in Georgia lien law.
Option C: June 15th (3 months later)
June 15th (3 months) is far too short. A 90-day enforcement deadline appears in some states' preliminary notice requirements, but Georgia's suit-to-enforce deadline is one full year from lien filing.
Memory Technique
Georgia lien enforcement = 1 year to the day. 'Filed on March 15? You have until March 15 next year — a full orbit around the sun.' Think of it as the lien's birthday: it must be 'celebrated' (with a lawsuit) by its first anniversary.
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Under Georgia law, what is the maximum time period a contractor has to file a lien claim after the last work performed?
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