Reed Leeper, P.C. Mechanic's Liens Real Lawyers. Real Litigators. Real Life.

Mechanic’s Lien Attorney in Marietta

Lien Filing & Defense for Cobb County Construction Disputes

When a construction payment dispute puts a project or a property title at risk, the right legal guidance can mean the difference between recovery and a worthless piece of paper. At Reed Leeper, P.C., we handle mechanic’s lien matters for contractors, subcontractors, suppliers, sureties, lenders, property owners, and insurance companies throughout Marietta and across Georgia. Our construction litigation practice covers both sides of lien disputes: from asserting rights to challenging improper claims in state and federal courts.

A mechanic’s lien (known under Georgia law as a materialman’s lien) is a statutory tool that secures a claimant’s right to payment by attaching to the property where work or materials were provided. For unpaid contractors and suppliers, it’s one of the most effective collection tools available. For property owners, an outstanding lien clouds title and blocks a sale or refinancing until the dispute is resolved. Georgia’s lien statutes impose strict deadlines and procedural requirements on both sides, and errors can extinguish rights entirely.

If you’re facing a construction payment dispute in Cobb County, contact Reed Leeper, P.C. today at (470) 837-6002 to discuss your lien matter with an attorney who understands Georgia lien law.

Why Cobb County Construction Clients Choose Reed Leeper, P.C.

Our construction clientele ranges from individual trade contractors to Fortune 500 companies, and many have trusted us for years and referred others. That trust is built on a straightforward commitment: pursue the most cost-effective path to resolution, whether that means negotiation, mediation, or litigation. We don’t recommend courthouse steps when a well-crafted demand will do the job. We don’t settle when the facts support a stronger position.

Managing Partner Chad Reed contributed to the Georgia Attorney General’s Consumer Protection Division resource on construction liens, a reflection of recognized depth in Georgia lien law that benefits every client we represent in this practice area. With over 100 years of combined legal experience across our team, Reed Leeper, P.C. brings the resources and knowledge to handle lien matters of any complexity from our base in Marietta.

Georgia Mechanic’s Lien Law: What You Need to Know

In Georgia, mechanic’s liens and materialman’s liens are governed by O.C.G.A. § 44-14-361 et seq. The statute grants lien rights to a broad class of parties who improve real property, including general contractors, subcontractors, laborers, material suppliers, architects, engineers, and surveyors. Once filed, the lien attaches to the property’s title, creating a cloud that prevents the owner from selling or refinancing with clear title until the matter is resolved.

The deadlines are strict and unforgiving:

The lien must be filed within 90 days of the last date labor or materials were furnished. This window includes weekends and holidays.
The lien must be filed with the clerk of the superior court in the county where the property is located. In Cobb County, that means the Cobb County Superior Court Clerk.
Subcontractors and suppliers without privity of contract with the property owner may need to serve a Notice to Contractor within 30 days of first furnishing labor or materials (or within 30 days of a filed Notice of Commencement, whichever is later) to preserve lien rights.

Georgia’s lien statutes are technical by design. A missing expiration statement, a failure to include the owner’s right-to-contest notice, or a missed service deadline can invalidate the entire claim regardless of how much money is owed. Filing a lien establishes a security interest. It doesn’t guarantee payment. Enforcement requires additional action within additional deadlines.

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Reed Leeper, P.C.

Strategic Advocacy

Results-Driven Team

We are dedicated to achieving successful outcomes, no matter how complex the case.
Client-Centered Service

We focus on understanding your unique needs and provide tailored, strategic advice.
Integrity In Law

We maintain the highest ethical standards, ensuring honesty and transparency in every case.
Exceptional Experience

Our team brings deep knowledge across various legal fields to deliver effective solutions.

Mechanic’s Lien Filing & Defense in Marietta

The facts and the client’s position in the dispute determine the strategy. A general contractor asserting rights against a non-paying owner has a fundamentally different set of needs than a property owner fighting back against an inflated or improperly filed claim. We don’t apply a one-size approach, and we don’t need to.

Filing & Enforcement

For contractors, subcontractors, and suppliers who haven’t been paid, we work to establish a valid lien from the ground up: reviewing your contract posture and payment history, confirming the applicable deadlines haven’t passed, aligning every filing detail with Georgia’s statutory requirements, and pursuing enforcement through litigation when payment doesn’t follow. Common lien defects we help clients avoid include missing required statutory language, improper service, and gaps in the Notice to Contractor chain.

Defense & Challenges

For property owners and other parties contesting a lien, we investigate the claim for procedural defects and substantive weaknesses. Whether a subcontractor missed a Notice to Contractor deadline, the lien contains required language that’s absent or incorrect, or there’s a genuine dispute about whether the work or materials were provided as agreed, we identify the strongest basis for challenge and pursue it efficiently. When the facts support a negotiated resolution, we pursue that. When they support litigation, we’re prepared to go that far.

The Georgia Lien Process: From Notice to Enforcement

A misstep at any stage can extinguish rights that can’t be recovered. Here is how Georgia’s mechanic’s lien process typically unfolds:

Notice to Contractor:
Subcontractors and suppliers without privity of contract with the property owner must serve a Notice to Contractor within 30 days of first furnishing labor or materials (or within 30 days of the filing of a Notice of Commencement, whichever is later). Missing this window can forfeit lien rights entirely.

Filing the Lien:
The lien must be filed within 90 days of the last day labor or materials were furnished, with the Cobb County Superior Court Clerk for property in Cobb County. Most Cobb County liens are filed electronically through the GSCCCA eFiling system.

Serving the Owner:
Within 2 business days of filing, the claimant must serve a copy of the lien on the property owner (and on the general contractor if a Notice of Commencement is on file) by registered or certified mail or statutory overnight delivery.

Perfecting the Lien:
A properly filed lien is not self-executing. To perfect it, the claimant must file a lawsuit to enforce the lien within 365 days of the original filing and file a Notice of Commencement of Lien Action with the court clerk within 30 days of filing that suit. Miss either deadline, and the lien is extinguished.

Contesting a Lien:
A property owner or contractor may file a Notice of Contest of Lien at any time. Under O.C.G.A. § 44-14-368, once served on the lien claimant, the claimant has 60 days from receipt to commence a lien action or the lien expires by operation of law.

Lien Waivers:
Lien rights can be inadvertently waived through signed lien waiver forms, acceptance of conditional payments without reserving rights, or reliance on verbal payment assurances. The Georgia Prompt Payment Act also intersects with lien disputes in ways that affect both claimants’ and owners’ positions.

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Our Construction Litigation Team

The attorneys at Reed Leeper, P.C. have successfully handled mechanic’s lien and materialman’s lien claims in both state and federal courts. Our team includes Managing Partners Chad Reed and Jeffrey Leeper, Partner Cory Close, Partner Lillian Elizabeth Crommelin, and Associate Kevin Fanoe. The firm is a member of the Cobb County Bar Association, the State Bar of Georgia, and the American Bar Association.

Clients across the construction industry consistently describe us as responsive, focused on their specific situation, and effective at moving matters toward resolution without unnecessary cost.

Discuss Your Lien Matter with Reed Leeper, P.C.

Whether you need to file a mechanic’s lien in Marietta, enforce an existing claim, or defend against a lien on your property, our attorneys can help. We offer consultations for lien filing, defense, and enforcement matters throughout Cobb County and across Georgia.

Contact Reed Leeper, P.C. at (470) 837-6002 or reach us through our online contact form to schedule a consultation.

Fierce Advocacy. Proven Results.

Winning Your Legal Battles, One Case At A Time

Have questions? Ready to get started? Call (470) 837-6002 today or fill out the form below to schedule a consultation.

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