Updated August 2025 | All statutory references in this article reflect the Georgia Code, Title 44, Chapter 14 (2024 codification)
Payment disputes are common in construction, and subcontractors and suppliers must take proactive steps to protect their right to file a mechanics lien. In Georgia, preliminary notice requirements apply primarily to subcontractors, material suppliers, and other lower-tier participants without a direct contract with the property owner. General contractors are responsible for recording the Notice of Commencement under O.C.G.A. § 44-14-361.5, and if they fail to do so, subcontractors and suppliers are directly impacted because their obligation to serve a Notice to Contractor no longer applies.
This guide explains the preliminary notice process and the steps subcontractors and suppliers should take to safeguard lien rights in Georgia.
Who Must File a Preliminary Notice in Georgia?
Notice to Contractor
In Georgia, any party who does not have a direct contract with the property owner is required to serve a Notice to Contractor on both the owner and the general contractor if a valid Notice of Commencement has been filed under O.C.G.A. § 44-14-361.5(d).
If the general contractor does not record a Notice of Commencement, subcontractors and suppliers are not obligated to serve a Notice to Contractor. In practice, however, it is recommended to serve one anyway to avoid disputes. Project details, such as owner and contractor information, can typically be found in the building permit or posted Notice of Commencement.
Preliminary Notice of Lien Rights
The Preliminary Notice of Lien Rights is optional in Georgia under O.C.G.A. § 44-14-361.3. While no party is required to file it, lower-tier subcontractors and suppliers often do so for added protection.
For example, if a general contractor executes lien waivers, an unpaid subcontractor could inadvertently lose lien rights. Filing a Preliminary Notice of Lien Rights ensures that their lien rights remain preserved regardless of contractor waivers.
When to File a Georgia Preliminary Notice
Notice to Contractor
A Notice to Contractor must be served within 30 days after the claimant first furnishes labor, materials, or services, or within 30 days after the Notice of Commencement is filed, whichever is later (O.C.G.A. § 44-14-361.5(d)).
This notice is not filed with the clerk of the superior court. Instead, it must be served on the owner and the general contractor by certified mail, registered mail, or statutory overnight delivery.
Preliminary Notice of Lien Rights
A Preliminary Notice of Lien Rights must be filed within 30 days of first furnishing labor, materials, or services to the project under O.C.G.A. § 44-14-361.3(a).
The notice is filed with the clerk of the superior court in the county where the project is located. Within seven days of filing, the claimant must serve a copy of the notice on the general contractor.
What Happens If You Fail to File a Georgia Preliminary Notice?
Failing to serve a required Notice to Contractor eliminates your lien rights under O.C.G.A. § 44-14-361.5(d). You will not be permitted to file a valid lien on the project.
Failing to file a Preliminary Notice of Lien Rights will not automatically extinguish lien rights. However, it can expose subcontractors and suppliers to risk if a general contractor’s lien waivers inadvertently cut off rights to payment.
How to File a Georgia Preliminary Notice
Notice to Contractor
- Prepare the Notice to Contractor Form
Include:- Your name, address, and phone number
- The name and address of the hiring party
- The project name and location from the Notice of Commencement
- A description of labor, materials, or services
- Contract price or anticipated value
- Any amount claimed due
- Serve the Notice to Contractor
Serve the notice on the property owner and general contractor within 30 days of first furnishing labor or within 30 days of the Notice of Commencement filing date. Service must be made by certified mail, registered mail, or statutory overnight delivery with proof of receipt.
Preliminary Notice of Lien Rights
- Prepare the Notice
Include:- Your name, address, and phone number
- The hiring party’s name and address
- The property owner’s name
- Property description sufficient to identify it
- Description of labor, materials, or services furnished
- File the Notice
File with the clerk of the superior court in the project’s county within 30 days of first furnishing. - Serve the General Contractor
Serve a copy of the filed notice on the general contractor within 7 days of filing. Service must be by certified mail, registered mail, or statutory overnight delivery.
Best Practices for Serving a Georgia Preliminary Notice
- Serve Notices Even If Not Required
Even if a Notice of Commencement has not been filed, serving a Notice to Contractor provides extra protection. Similarly, filing a Preliminary Notice of Lien Rights is recommended for lower-tier subs and suppliers. - Include All Required Details
Incomplete notices may be invalid. Verify names, contract details, and property descriptions carefully.
Follow Up With a Mechanics Lien If Needed
Preliminary notices preserve lien rights, but they are not liens themselves. If payment is still withheld, timely file a Georgia mechanics lien under O.C.G.A. § 44-14-361.1.