Partner Hansell Watt Wins in the Court of Appeals in a Materialman’s Lien Matter of First Impression

Coleman Talley partner Hansell Watt recently won a Court of Appeals case, which was a matter of first impression, related to the timeliness of filing a materialman’s lien foreclosure lawsuit.  The issue was whether, under the Georgia legislature’s 2009 amendment to OCGA § 44-14-361.1 (a)(3), the calculation of the deadline to file a Notice of Lien Action in the superior court begins on the date the lien action was filed or on the date that service of process is perfected against the defendant. In reversing the trial court, the Court of Appeals held that for purposes of calculating the deadline to file the Notice of Lien Action, the date the lien action was “commenced” is the date the lien action was “filed” (as opposed to the date it was served).  The case is Cook Sales, Inc. v. Concrete Enterprises, LLC, 356 Ga. App. 899 (2020).