--- title: O.C.G.A. § 44-14-361. Creation of liens; property to which lien attaches; items to be included in lien. collection: code id: 44-14-361 cite_as: O.C.G.A. § 44-14-361 (2025) canonical_url: https://georgiacommons.org/code/44-14-361 md_url: https://georgiacommons.org/code/44-14-361.md text_url: https://georgiacommons.org/code/44-14-361/text source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t44-ch8-15-(v32)-2022-pdf.pdf?sfvrsn=9e9e06de_0#page=709 date: 2025 status: active corpus_version: 2025-supplement-89aa39ab3c68 license: CC0-1.0 publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice. up: https://georgiacommons.org/code/44-14.md previous: https://georgiacommons.org/code/44-14-360.md next: https://georgiacommons.org/code/44-14-361.1.md index: https://georgiacommons.org/code/index.md version: the only printed version in_force: true current_through: Including Acts of the 2025 Regular Session of the General Assembly heading_path: PROPERTY / MORTGAGES, CONVEYANCES TO SECURE DEBT, AND LIENS / LIENS / MECHANICS AND MATERIALMEN --- # O.C.G.A. § 44-14-361. Creation of liens; property to which lien attaches; items to be included in lien. (a) The following persons shall each have a special lien on the real estate, factories, railroads, or other property for which they furnish labor, services, or materials: (1) All mechanics of every sort who have taken no personal security for work done and material furnished in building, repairing, or improving any real estate of their employers; (2) All contractors, all subcontractors and all materialmen furnishing material to subcontractors, and all laborers furnishing labor to subcontractors, materialmen, and persons furnishing material for the improvement of real estate; (3) All registered architects furnishing plans, drawings, designs, or other architectural services on or with respect to any real estate; (4) All registered foresters performing or furnishing services on or with respect to any real estate; (5) All registered land surveyors and registered professional engineers performing or furnishing services on or with respect to any real estate; (6) All contractors, all subcontractors and materialmen furnishing material to subcontractors, and all laborers furnishing labor for subcontractors for building factories, furnishing material for factories, or furnishing machinery for factories; (7) All machinists and manufacturers of machinery, including corporations engaged in such business, who may furnish or put up any mill or other machinery in any county or who may repair the same; (8) All contractors to build railroads; (9) All suppliers furnishing rental tools, appliances, machinery, or equipment for the improvement of real estate; and (10) All registered interior designers furnishing plans, drawings, designs, or other interior design services on or with respect to any real estate. (b) Each special lien specified in subsection (a) of this Code section may attach to the real estate of the owner for which the labor, services, or materials are furnished if they are furnished at the instance of the owner, contractor, or some other person acting for the owner or contractor and shall include the value of work done and materials furnished in any easement or public right of way adjoining said real estate if the work done or materials furnished in the easement or public right of way is for the benefit of said real estate and is within the scope of the owner’s contract for improvements to said real estate. (c) Each special lien specified in subsection (a) of this Code section shall include the amount due and owing the lien claimant under the terms of its express or implied contract, subcontract, or purchase order subject to subsection (e) of Code Section 44-14-361.1. (d) Each special lien specified in subsection (a) of this Code section shall include interest on the principal amount due in accordance with Code Section 7-4-2 or 7-4-16. ## History Ga. L. 1873, p. 42, § 7; Code 1873, § 1979; Code 1882, § 1979; Ga. L. 1893, p. 34, §§ 1, 2; Ga. L. 1895, p. 27, § 1; Civil Code 1895, § 2801; Ga. L. 1897, p. 30, §§ 1, 2; Ga. L. 1899, p. 33, § 1; Civil Code 1910, § 3352; Code 1933, § 67-2001; Ga. L. 1953, Jan.-Feb. Sess., p. 582, §§ 1, 2; Ga. L. 1956, p. 185, § 1; Ga. L. 1956, p. 562, § 2; Ga. L. 1982, p. 1144, § 1; Ga. L. 1983, p. 3, § 33; Ga. L. 1983, p. 1450, § 1; Ga. L. 1985, p. 1322, § 2; Ga. L. 1991, p. 915, § 2; Ga. L. 2006, p. 738, § 1/SB 530; Ga. L. 2013, p. 1102, § 1/HB 434; Ga. L. 2021, p. 674, § 3/HB 480. ## Code Commission Notes Pursuant to Code Section 28-9-5, in 2006, “owner or contractor” was substituted for “owner contractor” near the middle of subsection (b).Ga. L. 1982, p. 1144, § 1 amended this Code section, to become effective April 1, 1983. However, that 1982Act was repealed by Ga. L. 1983, p. 1450, § 4, effective March 31, 1983. This Code section, as amended by the 1982 Act, was also amended by Ga. L. 1983, p. 3, § 33, effective January 25, 1983; however, owing to the repeal of the 1982 Act, that amendment may not be given effect.Ga. L. 2021, p. 674, § 7/HB 480, not codified by the General Assembly, provides: “This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and Sections 2 through 8 of this Act shall apply to labor, services, or materials performed or furnished by registered interior designers on or after such date.” This Act was approved by the Governor on May 10, 2021. ## Law Reviews For article, “Some Rescission Problems in Truth-In-Lending, as Viewed From Georgia,” see 7 Ga. St. B.J. 315 (1971). For note surveying revisions to Georgia Condominium Act between 1963 and 1975 regarding expansion, disclosure, liens, and incorporation, see 24 Emory L.J. 891 (1975). For article discussing role of attorney in representing subcontractor and available enforcement mechanisms, see 14 Ga. St. B.J. 104 (1978). For article, “Lien Claimants and Real Estate Lenders — The Struggle For Priority,” see 16 Ga. St. B.J. 187 (1980). For note, “A New Concept: Preliminary Notice of Lien Rights,” see 19 Ga. St. B.J. 42 (1982). For article surveying real property law, see 34 Mercer L. Rev. 255 (1982). For annual survey of construction law, see 43 Mercer L. Rev. 141 (1991). For note on 1991 amendment of this Code section, see 8 Ga. St. U.L. Rev. 166 (1992). For annual survey article discussing materialmen’s liens, see 46 Mercer L. Rev. 117 (1994). For article, “Recent Developments in Construction Law,” see 5 Ga. St. B.J. 24 (1999). For survey article on construction law, see 59 Mercer L. Rev. 55 (2007). For survey article on construction law, see 60 Mercer L. Rev. 59 (2008). For article, “Non-Privity Lien Rights on Private Construction Projects: The Court of Appeals of Georgia Provides Clarity,” see 15 (No. 5) Ga. St. B.J. 20 (2010). For annual survey on construction law, see 65 Mercer L. Rev. 67 (2013). For article with annual survey on real property, see 73 Mercer L. Rev. 217 (2021). ## History of Section. This Code section originated in an Act of the General Assembly passed in 1841. Kwilecki v. Young, 180 Ga. 602, 180 S.E. 137 (1935). The 2021 amendment, effective May 10, 2021, deleted “and” at the end of paragraph (a)(8), substituted “; and” for a period at the end of paragraph (a)(9), and added paragraph (a)(10). See Editor’s notes for applicability.