Preparing the lien, what language needs to be included:
July 26, 2017
The contents of the lien is controlled by Georgia Law. O.C.G.A. § 44-14-361.1(a)(2) This code section sets forth a statutory model for the language required to be included in the lien. An example form follows:
(name of company claiming lien), a (description of company, for example, a mechanic, contractor, subcontractor, materialman, etc) engaged in the business of furnishing material and labor for the improvement of real estate, claims a lien upon the building and premises of (name of project including street address), which said real estate is described as follows:
(Include a legal description of the real estate on which the improvements are being made)
Said lien is claimed by (name of company claiming lien) for material and labor in the construction and erection of said building project and the improvement of said real estate which is owned by (name of owner of project) in the amount of (here include amount of lien in word form and numeric form), plus interest and attorney’s fees as provided by law, which said material and labor were furnished to and at the instance of (name of contractor or other entity who directed work) which is engaged in the construction of said building project and in the improvement of said real estate.
This lien is recorded within 90 (ninety) days from the date when said material and labor was last furnished by (name of company claiming lien), said material and labor having last been provided on (date when material or labor were last provided to the project), which is the same as the last date the labor, services, or materials were supplied to the premises.
This claim of lien expires and is void 395 days from the date of filing of the claim of lien if no notice of commencement of lien action is filed in that time period. Pursuant to O.C.G.A. § 44-14-368, the owner of the real property described herein, or the owner’s agent or attorney, or the contractor or contractor’s agent or attorney shall have the right to elect to contest this lien and shorten the time prescribed in which to commence a lien action to enforce this claim of lien by recording in the Superior Court Clerk’s office a notice to contest lien all as provided for in O.C.G.A. § 44-14-368.
See O.C.G.A. § 44-14-361.1 (a)(2) and § 44-14-367
Substantial compliance with lien language statutes are required. The form above is provided by way of example only. It is recommended that a lawyer be consulted regarding preparation and filing of the lien.