You've filed your lien, what to look for next!!
SEPTEMBER 13, 2017
Once a claim of lien has been filed, the owner/general contractor has a couple options which will change the time limitations applicable to the lien filer.
One option is to file a notice of contest of lien. Pursuant to O.C.G.A § 44-14-361, the lien filer has 365 days from the date the lien is filed to file a lawsuit against the contractor to perfect lien. However, if the owner/contractor files a notice of contest of lien, the 365 day period shortens so that lien filer then has 60 days from the date of receipt of the notice of contest to file the lien perfection lawsuit against the contractor. See O.C.G.A.§ 44-14-368.
The lien filer must also file a notice of commencement of lien action within 30 days of filing the lien perfection lawsuit. Failure to file the notice of commencement of lien action with 90 days of receipt of the notice of contest of lien will invalidate the claim of lien.
The notice of contest of lien must be sent to the lien filer. So as the lien filer, if you receive correspondence from the general contractor after filing a claim of lien, make sure you read it as it could be a notice of lien contest which significantly shortens the time in which you have to file your lawsuit to perfect the lien.