What is the maximum time limit for filing a mechanics' lien in Georgia after the last day of work?
Correct Answer
A) 90 days
Under O.C.G.A. § 44-14-361, mechanics' liens must be filed within 90 days after the last day of work or furnishing materials.
Why This Is the Correct Answer
Under O.C.G.A. § 44-14-361, a claimant must file a mechanics' lien within 90 days after the last day of furnishing labor or materials. Missing this deadline extinguishes lien rights entirely, regardless of the unpaid amount.
Why the Other Options Are Wrong
Option B: 365 days
365 days (one year) is far beyond Georgia's statutory limit. Waiting a full year would result in the lien being time-barred and unenforceable under O.C.G.A. § 44-14-361.
Option C: 180 days
180 days is a common deadline in other states and for other Georgia lien-related actions, but not for the initial mechanics' lien filing. Georgia's 90-day rule is significantly shorter.
Option D: 120 days
120 days is the deadline used in some other states (e.g., federal Miller Act bond claims) but exceeds Georgia's 90-day window by 30 days — too late to preserve lien rights.
Memory Technique
In Georgia, think '90 days = 3 months = one season.' After one season, the window closes. Alternatively: 'GA liens: file before fall if you worked in summer.'
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A Georgia contractor completes $85,000 worth of work on a residential project. The homeowner fails to pay the final invoice of $12,500. What is the deadline for the contractor to file a materialman's lien?
