Changes to Mechanics Lien Law

There have been substantial changes to the Mechanic's Lien Law which take effect 3/31/09. These require strict compliance by the lienor. I have summarized some of the key features below. Some are not totally new but should be followed.

  • filing of arbitration satisfies the lien lawsuit requirement within one year
  • the one year 365 day period runs from the date of filing the lien
  • the lien must be filed within 90 days after completion of work or furnishing of services or materials
  • new liens filed after March 31, 2009 shall require additional language pertaining to expiration dates
  • in two business days after the lien is recorded a true and correct copy shall be sent with proof of delivery to the property owner and contractor if a Notice of Commencement has been filed
  • a Notice of Action shall be filed within 30 days of commencing the lien action
  • claimants not in privity with the contractor shall submit a notice to the contractor within 30 days of their intention to provide materials/services to the project
  • the interim waiver and release and final payment and release have been modified to allow a 60 day grace period for clearance of checks
  • upon failure of funds to clear, an affidavit of non-payment is required to resurrect the lien claim
  • a Notice of Contest of Lien has been created shorting the time commence a lien lawsuit to within 90 days after filing of the Notice of Contest of Lien
  • This Act is effective on March 31, 2009

For comprehensive legal counsel in a number of practice areas, please contact us today. The Alpharetta, Georgia, law office of Ronald E. Dobelstein, P.C., can provide you with skilled legal support in all of your business and personal legal needs.

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Ronald E. Dobelstein, P.C.
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Alpharetta, GA 30009

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