Montgomery v. Richards Building Materials, Inc.

Pannell, Judge.

1. The provisions of Code § 67-2002 that to make good a lien the materialman must commence "an action for the recovery of his claim within twelve months from the time the same shall be due” relates to the action against the contractor rather than an action against the owner to enforce the lien. Buck v. Tifton Mfg. Co., 4 Ga. App. 695, 696 (62 SE 107). This ruling, however, does not so control the meaning of similar language in the Act of 1953 (Ga. L. 1953, p. 544, Code Ann. § 67-2004), providing for the discharge of a materialman’s lien upon the filing of a bond "conditioned to…