We're a subcontractor and want to make sure we are sending the correct notices in the state of Georgia. The preliminary notice (non-required) was sent 3/11. The preliminary notice of Lien Rights was sent 4/5. The GC contacted us and said that it was the first time they had ever seen this "pre lien thing". They recommended having the pre lien recording cancelled and issuing them a notice to owner if we want (which we already did). Did we do something incorrect with what we sent? If so, how do we rectify?
First, note that the Notice to Contractor is the traditionally required and standard preliminary notice in GA. The (filed) Preliminary Notice of Lien Rights goes a step beyond that traditional notice and provides additional protection, but it can also rub some parties the wrong way because (1) it's actually filed with the county (and not simply mailed, like the Notice to Contractor), and (2) the wording on the notice, itself, isn't as friendly as the language on the Notice to Contractor.
Ultimately, it's pretty common for a GA sub to mail a Notice to Contractor but forego recording a Preliminary Notice of Lien Rights - particularly when working with a customer they know and are comfortable working with. But, by understanding the rules surrounding both notices, it's easier to decide how to proceed.
For a breakdown of the two Georgia preliminary notices and their rules, here are some great resources: