June 21, 2022
HLP News

Court of Appeals holds that Georgia Supreme Court’s Judicial Emergency Orders do not alter deadlines for complying with Georgia Lien law

A general contractor failed to file the required affidavit of non-payment within sixty (60) days of submitting a lien waiver.  Instead, the general contractor argued that the filing deadline was extended by Judicial Emergency Order which extended certain filing deadlines due to COVID-19.  The Owner moved and obtained summary judgment on the basis that the affidavit of non-payment was untimely.  The Court of Appeals affirmed, finding that the Judicial Emergency Orders apply only to deadlines, time schedules, and filing requirements in judicial pleadings.  Because lien filings are not “judicial proceedings,” they are not covered by the Emergency Orders.  The Court of Appeals also reaffirmed that a contractor or sub-contractor who wishes to establish that a debt is owed must properly file an affidavit of non-payment.

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