2021 Georgia Code
Title 44 - Property
Chapter 14 - Mortgages, Conveyances to Secure Debt, and Liens
Article 8 - Liens
Part 3 - Mechanics and Materialmen
§ 44-14-362. Cancellation of Preliminary Notice Upon Final Payment; Form of Cancellation

1. Upon final payment after all labor, services, or materials have been furnished, a person who has filed a preliminary notice of lien rights shall either deliver a cancellation of the preliminary notice of lien rights at the time of final payment or cause the notice to be canceled of record within ten days after final payment. Any person who fails to so cancel a preliminary notice shall be liable to the owner for all actual damages, costs, and reasonable attorney's fees incurred by the owner in having the preliminary notice canceled.

(b) The cancellation required under this Code section shall be in the following form:

Clerk, Superior Court of _____________ County You are authorized and directed to cancel of record the preliminary notice of lien rights which we filed on the property owned by (state name of owner) on (give date) and recorded by you in Book ______, Page ______, of preliminary notices kept by you. This ______ day of ________________________, ________. ________________ Lien claimant or attorney

(Code 1981, §44-14-362, enacted by Ga. L. 1983, p. 1450, § 1; Ga. L. 1999, p. 81, § 44.)

- Ga. L. 1983, p. 1450, § 1, effective July 1, 1983, renumbered former Code Section 44-14-362, relating to creation and declaration of liens, as present Code Section 44-14-361.1.

ANALYSIS

• General Consideration
• Compliance
• Filing of Claims
• Commencement of Action
• Insolvency, Absconding, etc., of Contractor or Subcontractor
• Foreclosure Proceedings
• Priority of Liens

RESEARCH REFERENCES

Am. Jur. 2d.

- 53 Am. Jur. 2d, Mechanics' Liens, §§ 191, 195 et seq., 217, 265, 266, 346, 348 et seq., 358-360, 384-386, 388, 389, 408-410.

17B Am. Jur. Pleading and Practice Forms, Mechanics' Liens, § 31.

- 56 C.J.S., Mechanics' Liens, §§ 103, 133, 139 et seq., 157 et seq., 220 et seq., 322 et seq., 343.

- Validity and effect of provision in contract against mechanic's lien, 13 A.L.R. 1065; 102 A.L.R. 356; 76 A.L.R.2d 1087.

Right of subcontractor or materialman to mechanic's lien for labor or material entering into work rejected as not in compliance with principal contract, 16 A.L.R. 981.

Elements bearing directly upon the quality of a contract as affecting the character of one as independent contractor, 20 A.L.R. 684.

Construction of contract for compensation of architect, 20 A.L.R. 1356.

Freight charges on material as within mechanic's lien statute giving lien for labor or material, or within contractor bond securing such claims, 30 A.L.R. 466.

Priority as between landlord's lien on chattels and chattel mortgage, 37 A.L.R. 400; 52 A.L.R. 935.

Mechanic's lien: owner's right to deduction on account of damages sustained through contractor's delay, 37 A.L.R. 766.

Independence of contract considered with relation to the scope and construction of statutes, 43 A.L.R. 335.

After-acquired title as supporting mechanics' lien, 52 A.L.R. 693.

Interest of vendor under executory contract for sale of realty as subject to mechanics' lien for labor or materials furnished to purchaser, 58 A.L.R. 911; 102 A.L.R. 233.

Interest of owner of land as subject to lien for material or service engaged by holder of mineral rights, 59 A.L.R. 548.

Contractor's bond as covering clothing, food, or lodging for laborers, 65 A.L.R. 260.

What amounts to waiver of right to mechanics' lien, 65 A.L.R. 282.

Priority as between mechanics' lien and purchase-money mortgage, 72 A.L.R. 1516; 73 A.L.R.2d 1407.

What amounts to bringing of suit within limited time required by mechanics' lien statute, 75 A.L.R. 695.

Mechanic's lien for labor or material for improvement of easement, 77 A.L.R. 817.

Mechanics' lien as affected by agreement to pay with property other than money, 81 A.L.R. 766.

Right of one other than contractor, laborer, or materialman to file mechanic's lien, 83 A.L.R. 11.

Time when contractor commenced work or time when labor or material for which lien is claimed was furnished as date of mechanic's lien, 83 A.L.R. 925.

Failure to raise by demurrer or answer failure to bring suit to enforce lien within time prescribed by mechanics' lien law a waiver, 93 A.L.R. 1462.

When contract, transaction, or account deemed a "continuing" one as regards time for filing mechanics' lien, 97 A.L.R. 780.

Effect of bankruptcy of contractor or subcontractor upon mechanics' liens of his subcontractors, laborers, and materialmen, 98 A.L.R. 323.

Priority of statutory lien on automobile for storage or repairs as against the rights of purchasers, attaching creditor or trustee in bankruptcy which arose while car was in possession of owner after accrual of storage or completion of repairs, 100 A.L.R. 80.

Principal contractor as necessary party to suit to enforce mechanic's lien of subcontractor, laborer, or materialman, 100 A.L.R. 128.

Remedy available to holder of mechanic's lien which has priority over antecedent mortgage or vendor's title or lien as regards improvement, but not as regards land, where it is impossible or impractical to remove the improvement, 107 A.L.R. 1012.

Constitutionality of statute giving to lien for alteration of property pursuant to public requirement, mechanics' lien or similar lien, preference over preexisting mortgage or other lien, 121 A.L.R. 616; 141 A.L.R. 66.

Right of one who contracts with, or furnishes labor or material to, public contractor's surety after latter has taken work, in respect of part of contract price retained by public agency, 122 A.L.R. 511.

Time for filing claim for mechanic's lien as affected by removal by, or return to, claimant of part of material furnished, 122 A.L.R. 755.

Right or interest subject to, and priority of, statutory lien for labor or material in developing property for oil and gas, 122 A.L.R. 1182.

Priority of lien of sales or consumers' tax, 136 A.L.R. 1015.

Time limitation in mechanic's lien statute as a limitation of the right or only of the remedy, 139 A.L.R. 903.

Who is contractor or subcontractor, as distinguished from materialman, for purposes of mechanic's lien, contractor's bond other provision for securing compensation under construction contract, 141 A.L.R. 321.

Personal judgment as essential to enforcement of mechanic's lien, 147 A.L.R. 1099.

Estoppel of mechanic's lien claimant as predicable upon his representations to owner as to payment made to claimant by contractor or subcontractor, 155 A.L.R. 350.

Formal requisites of notice of intention to claim mechanic's lien, 158 A.L.R. 682.

Existence of more than one contract between owner and contractor as affecting notice or filing of mechanic's lien by materialman or subcontractor, 175 A.L.R. 330.

Sufficiency of notice, claim, or statement of mechanic's lien with respect to nature of work, 27 A.L.R.2d 1169.

Bankruptcy court's injunction against mortgage or lien enforcement proceedings commenced, before bankruptcy, in another court, 40 A.L.R.2d 663.

Sufficiency of notice, claim, or statement of mechanic's lien with respect to description or location of real property, 52 A.L.R.2d 12.

Sale of real property as affecting time for filing notice of or perfecting mechanic's lien as against purchaser's interest, 76 A.L.R.2d 1163.

Time for filing notice or claim of mechanic's lien where claimant has contracted with general contractor and later contracts directly with owner, 78 A.L.R.2d 1165.

Priority between mechanics' liens and advances made under previously executed mortgage, 80 A.L.R.2d 179.

Amendment of statement of claim of mechanic's lien as to designation of owner of property, 81 A.L.R.2d 681.

Sufficiency of notice under statute making notice by owner of nonresponsibility necessary to prevent mechanic's lien, 85 A.L.R.2d 949.

What constitutes "commencement of building or improvement" for purposes of determining accrual of mechanic's lien, 1 A.L.R.3d 822.

Sufficiency of designation of owner in notice, claim, or statement of mechanic's lien, 48 A.L.R.3d 153.

Abandonment of construction or of contract as affecting time for filing mechanic's liens or time for giving notice to owner, 52 A.L.R.3d 797.

Building and construction contracts: contractor's equitable lien upon percentage of funds withheld by contractee or lender, 54 A.L.R.3d 848.

Assertion of statutory mechanic's or materialman's lien against oil and gas produced or against proceeds attributable to oil and gas sold, 59 A.L.R.3d 278.

Garageman's lien: modern view as to validity of statute permitting sale of vehicle without hearing, 64 A.L.R.3d 814.

Effect of bankruptcy of principal contractor upon mechanic's lien of subcontractor, laborer, or materialman as against owner of property, 69 A.L.R.3d 1342.

Demand for or submission to arbitration as affecting enforcement of mechanic's lien, 73 A.L.R.3d 1042.

Enforceability of mechanic's lien attached to leasehold estate against landlord's fee, 74 A.L.R.3d 330.

Removal or demolition of building or other structure as basis for mechanic's lien, 74 A.L.R.3d 386.

Release or waiver of mechanic's lien by general contractor as affecting rights of subcontractor or materialman, 75 A.L.R.3d 505.

Who is the "owner" within mechanic's lien statute requiring notice of claim, 76 A.L.R.3d 605.

Liability of purchaser of real estate on mechanic's lien based on goods or labor supplied to vendor but filed after title passed, 33 A.L.R.4th 1017.

Architect's services as within mechanics' lien statute, 31 A.L.R.5th 664.