Updated August 2025 | All statutory references in this article reflect the Georgia Code, Title 44, Chapter 14, Article 8 (2024 codification)
The Notice to Contractor and the Preliminary Notice of Lien Rights are two separate tools available to construction participants in Georgia. While the statutory duty to post and record a Notice of Commencement falls on the general contractor or project owner under O.C.G.A. § 44-14-361.5, subcontractors and suppliers are directly impacted. If a Notice of Commencement is filed and they fail to serve their Notice to Contractor, they lose lien or bond rights. The Preliminary Notice of Lien Rights, though optional, provides added protection when a contractor files a final affidavit claiming all parties are paid.
Georgia Notice to Contractor vs. Preliminary Notice of Lien Rights
Key Differences
| Notice to Contractor (NTC) | Preliminary Notice of Lien Rights | |
| Purpose | Formally informs the owner and general contractor of your involvement in the project, preserving lien or bond rights when a Notice of Commencement has been filed | Optional notice that protects against loss of lien rights if the GC later files a Contractor’s Affidavit of Payment stating all lienors are paid |
| Delivery, Filing, or Sending | Must be sent to the owner and general contractor via registered or certified mail, or statutory overnight delivery | Must be filed with the clerk of the superior court in the county of the project and a copy sent to the contractor within 7 days |
| Deadline | Within 30 days of whichever is later: (1) The filing of the Notice of Commencement, or (2) First furnishing of labor, materials, or services | Within 30 days after first furnishing labor, materials, or services |
| Applicability – Private Projects | Required if a Notice of Commencement is filed and you lack a direct contract with the owner or GC | May be used for additional protection on private projects |
| Applicability – Public Projects | Required if a Notice of Commencement is filed and you lack a direct contract with the GC to preserve bond rights | Not applicable |
| Consequence of Not Filing | Loss of lien or bond rights if a Notice of Commencement exists | Possible loss of lien rights if GC’s Contractor Affidavit is accepted by owner |
Who Has Mechanics Lien Rights in Georgia?
Suppliers, subcontractors, laborers, and other parties who furnish labor, services, or materials that improve real property in Georgia have lien rights under O.C.G.A. § 44-14-361.
- If a Notice of Commencement is filed: Potential claimants without a direct contract must send a Notice to Contractor within 30 days of the later of the filing date or their first work/material delivery.
- If no Notice of Commencement is filed: No Notice to Contractor is required, and claimants may preserve lien rights without sending notice. However, best practice is to request the NOC in writing. The contractor must provide it within 10 days of request under O.C.G.A. § 44-14-361.5(c).
Georgia Notice to Contractor: Requirements
- Trigger: A Notice of Commencement is filed with the clerk and posted at the job site.
- Deadline: Within 30 days of the later of (1) the NOC filing or (2) first day of furnishing labor, materials, or services.
- Delivery: Must be sent by registered mail, certified mail, or statutory overnight delivery.
- Effect: Failure to timely send means loss of lien rights (private projects) or bond claim rights (public projects).
What Is the Preliminary Notice of Lien Rights in Georgia?
The Preliminary Notice of Lien Rights is not required by statute but provides important protection. It must be:
- Filed with the clerk of the superior court in the county where the project is located within 30 days after first furnishing labor, materials, or services.
- A copy must be sent to the general contractor within 7 days after filing.
Why File a Preliminary Notice in Georgia If It’s Optional?
- Protection against Contractor Affidavit of Payment
If the GC files a final affidavit stating all parties are paid, only those who filed a Preliminary Notice retain lien rights. - Visibility to the Owner
Filing puts the owner on notice of your participation, reinforcing payment visibility. - Stronger Position if Multiple Claims Arise
Establishes a record that may strengthen your position if liens are later enforced.
Georgia Pre-Lien Notices: A Summary
- Requirement: The Notice to Contractor is mandatory if a Notice of Commencement exists. The Preliminary Notice of Lien Rights is optional but highly recommended.
- Filing vs. Sending: The NTC is sent to the owner and GC. The Preliminary Notice is filed with the court and copied to the GC.
- Project Type: NTC applies to both private and public projects. Preliminary Notice applies only to private projects.
Notarization: Neither notice requires notarization, though parties sometimes add it for formality.