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GeorgiaGA Supplementmedium100% of exam part

A Georgia contractor fails to pay a subcontractor $15,000 for completed work. The subcontractor files a mechanic's lien. What is the time limit for the subcontractor to file this lien after the work was completed?

Correct Answer

B) 90 days

Under Georgia lien law, a subcontractor must file a mechanic's lien within 90 days after completion of the work.

Answer Options
A
120 days
B
90 days
C
60 days
D
30 days

Why This Is the Correct Answer

Under Georgia's lien statutes (O.C.G.A. § 44-14-361.1), a subcontractor must file a claim of lien within 90 days after the completion of the work or the last date materials were furnished. Filing beyond this deadline renders the lien invalid and unenforceable.

Why the Other Options Are Wrong

Option A: 120 days

120 days is not the Georgia lien filing deadline for subcontractors. In some other states (e.g., California has 90 days for subcontractors but different rules apply for prime contractors), different periods are used. Georgia specifically uses 90 days for subcontractors.

Option C: 60 days

60 days is shorter than Georgia's actual 90-day window. A subcontractor who relied on a 60-day deadline would still have 30 additional days, so this is a conservative but incorrect deadline.

Option D: 30 days

30 days is far too short and would be extremely burdensome for subcontractors who may not know they have a payment dispute until well after completion. Georgia law provides 90 days, giving subcontractors adequate time to pursue payment through normal channels before resorting to a lien.

Memory Technique

Georgia lien = 90 days. Think '90 days = 3 months to file your lien.' Remember the number 90 by thinking of 90 degrees — a right angle — because filing a lien is the right thing to do when you're owed money.

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