Updated August 2025 | All statutory references in this article reflect the Georgia Code, Title 13, Chapter 10 (2024 codification) and Title 44, Chapter 14 (2024 codification)
Construction participants working in government projects are not allowed to record a mechanics lien to recover payment from a difficult client. This is because mechanics liens are exclusive to private construction projects.
Instead, construction parties in Georgia public projects may recover payment by making a claim against the statutory payment bond required under O.C.G.A. § 13-10-60. These bonds are furnished by the prime contractor on most public works contracts exceeding $100,000, and they protect subcontractors, laborers, and material suppliers who remain unpaid.
This guide will show you how to make a payment bond claim in Georgia.
Who Can Make a Payment Bond Claim in Georgia?
Parties working on public projects other than the general contractor have bond claim rights in Georgia.
General contractors are not allowed to make a claim against the payment bond that they furnished. They are statutorily required to file a Notice of Commencement under O.C.G.A. § 44-14-361.5 within 15 business days of beginning work. Once a Notice of Commencement is properly filed and posted, subcontractors and suppliers without a direct contract with the GC must serve a Notice to Contractor to preserve their bond claim rights.
Notice to Contractor in Georgia
Parties who have no direct contract with a general contractor must serve the GC with a Notice to Contractor to preserve their bond claim rights, but only if a valid Notice of Commencement has been filed.
If no Notice of Commencement is filed, lower-tier parties are not legally required to send a Notice to Contractor. However, it is still best practice to serve one anyway. Doing so reduces disputes, puts the GC on notice of your involvement, and makes it easier to track payment.
The deadline to serve a Notice to Contractor is 30 days from the date you first furnished labor, materials, or services on the project (O.C.G.A. § 44-14-361.5).
When Is the Deadline for Making a Payment Bond Claim in Georgia?
In Georgia, the bond claim notice must be served no later than 90 days from the last day you furnished labor, materials, or services to the project (O.C.G.A. § 13-10-63).
To enforce the claim, you must file a lawsuit against the bond within 1 year from the project’s completion and formal acceptance by the public entity.
How to Make a Payment Bond Claim in Georgia
- Request Information at the Start of a Project
At the beginning of a project, you may serve a Request for Information under O.C.G.A. § 13-10-62 on the general contractor. You may request:- The name and address of the surety
- A copy of the payment bond
This information is critical in the event of a payment dispute. The payment bond will outline terms, and knowing how to contact the surety speeds up resolution.
- Prepare the Georgia Bond Claim Notice
A valid Georgia bond claim notice must include:- The amount being claimed
- The name of the hiring party
It may also include, though not strictly required:
- Your business name and address
- The name of the general contractor
- The name of the public entity contracting the project
- A description of the labor, materials, or services furnished
- Serve the Georgia Bond Claim Notice
You must serve the bond claim notice on the general contractor within 90 days of your last day of furnishing labor or materials. Georgia law does not require service on the surety, but it is strongly recommended to copy the surety for faster processing.
Permissible service methods include personal delivery, registered mail, or certified mail with return receipt (O.C.G.A. § 13-10-63).
- Follow Up With the GC and Surety
After serving the bond claim notice, follow up with both the GC and surety. This step can prevent administrative delays.
Remember, bond claims in Georgia expire 1 year after project completion and acceptance. If payment has not been made, you must file a lawsuit against the surety within that 1-year enforcement window.
Best Practices for Making a Payment Bond Claim in Georgia
- Serve a Request for Information Early
Always begin a project by requesting surety and bond information from the general contractor. - Serve a Notice to Contractor When Applicable
If you are not in direct contract with the GC, serve a Notice to Contractor—even if you’re unsure whether a Notice of Commencement was filed. This protects your rights in case one was filed. - Track All Deadlines Carefully
- Notice to Contractor: within 30 days of first furnishing
- Bond claim notice: within 90 days of last furnishing
- Lawsuit to enforce: within 1 year of project completion and acceptance
Deadlines are strictly enforced. Missing one will forfeit your rights.