Georgia Notice Requirements

Private Works — Notice of Commencement (§44-14-361)

Under Georgia law, contractors must file a Notice of Commencement with the Clerk of Superior Court in the county where the project is located within 15 days of work commencing. §44-14-361. This notice establishes a public record of the construction project and triggers notice obligations for subcontractors and suppliers.

The Notice of Commencement is not required if there are no subcontractors on the job. However, if there are subcontractors, the general contractor's failure to file a Notice of Commencement waives the 30-day notice requirement for subcontractors not in privity with the general contractor.

Private Works — Subcontractor in Privity with General Contractor (§44-14-361.5(c))

Subcontractors, sub-subcontractors, materialmen, and laborers who are in privity with the general contractor may file an optional Preliminary Claim of Mechanic Lien within 30 days of first delivery of any labor, services, or materials. §44-14-361.5(c).

While this preliminary filing is optional, it provides valuable protection against a false affidavit by the general contractor. Filing the Preliminary Claim of Mechanic Lien is strongly recommended as a best practice to preserve and strengthen mechanic lien rights.

Private Works — Subcontractor NOT in Privity with General Contractor (§44-14-361.5(c))

Subcontractors, sub-subcontractors, materialmen, and laborers who are not in privity with the general contractor must provide mandatory notice to both the contractor and the owner within 30 days of first delivery of any labor, services, or materials. §44-14-361.5(c).

This mandatory notice requirement is waived if the general contractor failed to file a Notice of Commencement. If no Notice of Commencement is on file at the time the subcontractor first delivers goods or performs work, the 30-day notice requirement does not apply.

Private Works — Bond Claim Notice (§10-7-31)

On private projects where the owner requires a payment bond, claimants not in privity with the general contractor must send notice to the contractor within 30 days of first delivery of any labor, services, or materials. O.C.G.A. §10-7-31.

Suit provisions are governed by the terms of the bond itself. Claimants should review the specific bond language for suit deadlines and procedural requirements.

Public Works — 2nd Tier Claimant Notice When GC Files Notice of Commencement (§36-91-92)

On public works projects where the general contractor files a Notice of Commencement under §36-91-92, second-tier claimants (suppliers to subcontractors) must send notice to the contractor within 30 days from the filing of the Notice of Commencement or 30 days following the first delivery of labor, materials, machinery, or equipment, whichever is later.

Preliminary notice is not required for first-tier claimants (those in direct privity with the general contractor). Bonds are mandatory for public contracts of $100,000 or more, optional below that threshold. Georgia DOT projects require bonds for contracts over $50,000, and local governments may require bonds for contracts below $100,000.

Public Works — Notice When GC Does NOT File Notice of Commencement

If the general contractor does not file a Notice of Commencement on a public project, second-tier claimants must provide notice to the contractor indicating the type of materials delivered and the amount being claimed, within 90 days of the last material or labor delivery. This notice requires specific information as outlined in the statute.

However, if the general contractor fails to properly file a Notice of Commencement, the 30-day Notice to Contractor requirement is waived for subcontractors.

Service Methods — Georgia Notices

Georgia mechanic lien law requires notices and mechanic lien copies to be served by one of the following methods:

• Registered mail
• Certified mail
• Statutory overnight delivery (for Claim of Mechanic Lien copies to the owner)