O.C.G.A.

O.C.G.A. § 44-14-368 (2019)

Notice of contest of lien

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) An owner or an owner’s agent or attorney, or the contractor or contractor’s agent or attorney, may elect to shorten the time prescribed in which to commence a lien action to enforce any claim of lien by recording in the superior court clerk’s office a notice in substantially the following form, in boldface capital letters in at least 12 point font, along with proof of delivery upon the lien claimant: “NOTICE OF CONTEST OF LIEN TO: [NAME AND ADDRESS OF LIEN CLAIMANT] YOU ARE NOTIFIED THAT THE UNDERSIGNED CONTESTS THE CLAIM OF LIEN FILED BY YOU ON , AND RECORDED IN BOOK , PAGE OF THE PUBLIC RECORDS OF COUNTY, GEORGIA, AGAINST PROPERTY OWNED BY

T.44, C.14, A.8, P.4

, AND THAT THE TIME WITHIN WHICH YOU MAY COMMENCE A LIEN ACTION TO ENFORCE YOUR LIEN IS LIMITED TO 60 DAYS FROM RECEIPT OF THIS NOTICE. THIS DAY OF , 20 . THIS ABOVE-REFERENCED LIEN WILL EXPIRE AND BE VOID IF YOU DO NOT: (1) COMMENCE A LIEN ACTION FOR RECOVERY OF THE AMOUNT OF THE LIEN CLAIM PURSUANT TO O.C.G.A. SECTION 44-14-361.1 WITHIN 60 DAYS FROM RECEIPT OF THIS NOTICE; AND (2) FILE A NOTICE OF COMMENCEMENT OF LIEN ACTION WITHIN 30 DAYS OF FILING THE ABOVE-REFERENCED LIEN ACTION. SIGNED: (OWNER, CONTRACTOR, AGENT OR ATTORNEY)’’ (b) The clerk of the superior court shall cross-reference the notice of contest of lien to the lien. The owner or his or her agent or attorney, or the contractor or his or her agent or attorney, shall send a copy of the notice of contest of lien within seven days of filing by registered or certified mail or statutory overnight delivery to the lien claimant at the address noted on the face of the lien. Service shall be deemed complete upon mailing. (c) The lien shall be extinguished by law 90 days after the filing of the notice of contest of lien if no notice of commencement of lien action is filed in that time period. No release or voiding of such liens shall be required. This subsection shall not be construed to extend the time in which a lien action must begin.

History

Code 1981, § 44-14-368, enacted by Ga. L. 2008, p. 1063, § 7/SB 374.

Annotations

Law reviews. For survey article on construction law, see 60 Mercer L. Rev. 59 (2008).

Notes of Decisions
Cited in 3 cases (1 in the last 5 years), 2011–2023 · leading case: West Main I, LLC v. Siteone Landscape Supply, LLC (Ga. Ct. App. 2023).
West Main I, LLC v. Siteone Landscape Supply, LLC (Ga. Ct. App. 2023). · cites it 2× “3 In that situation, the lien holder “may enforce the lien directly against the property so improved in a lien action against the owner thereof, if filed within the 2 If the lien is contested, the lien action must be filed within 60 days of receipt of the notice of contest.”
Massey v. Duke Builders, Inc, 849 S.E.2d 186 (Ga. 2020). · cites it 2× “See OCGA § 44-14-368 (a) (establishing procedures for property owners to file a notice of contest of lien, which then requires the claimant to commence a lien action within sixty days of the notice of contest filing rather than the usual deadline of one year from the lien filing…”
Handy Andy of Eastman, Inc. v. Evans, 712 S.E.2d 589 (Ga. Ct. App. 2011). · cites it 2× “1 OCGA § 44-14-367 further provides that “[a] lien shall expire sooner and be disregarded once it is determined that no notice of commencement was timely filed in response to a notice of contest pursuant to Code Section 44-14-368.” 2 “[A]s to questions other than class of…”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.