Georgia Preliminary Notice FAQs

Georgia’s preliminary notice rules depend on whether you are working on a public or private construction project. Georgia has two separate statutes governing the notice requirements: §O.C.G. 44-14-361.5 (for private projects) and O.C.G.A. §13-10-63 (for public projects).

On private projects (e.g. residential or commercial), any party who did not contract with the prime contractor must send a Notice to Contractor form to the owner and prime contractor within 30 days of first furnishing. However, this requirement only holds if a Notice of Commencement is filed. If a Notice of Commencement wasn’t filed on the project, a preliminary notice isn’t required to protect lien rights.

Georgia has a different type of preliminary notice for use on private projects, known as a Preliminary Notice of Lien Rights. When filed with the appropriate county office, this notice prevents lien rights from being knocked out by a prime contractor’s affidavit or lien waiver attesting to the payment of all subcontractors and suppliers. The notice should be filed with the clerk of the superior court of the county in which the project is located, and a copy of the filed notice should be sent to the owner and general contractor within 7 days of filing by certified mail return receipt requested.

On public projects, Georgia requires all parties who do not have a direct contract with the general contractor to provide preliminary notice. This notice preserves the right to make a bond claim in Georgia if the general contractor has properly filed and posted a Notice of Commencement. But, subcontractors hired directly by the GC won’t need to send any preliminary notice.

Generally, the deadline is within 30 days of first furnishing labor/materials, or the filing of a Notice of Commencement, whichever is later.

On private construction projects, sub-tier parties must send a Notice to Contractor within 30 days of first furnishing or within 30 days of the GC filing the Notice of Commencement. Learn more about sending Georgia’s Notice to Contractor.

A Preliminary Notice of Lien Rights (both residential and commercial) may be filed with the county clerk’s office no later than 30 from furnishing any labor and/or materials to the project; the earlier the better. After filing, a copy must then be sent to the owner within 7 days of filing.

Information Notice to Owner must be delivered at the time of signing the construction contract with the owner. However, if the contract is for less than $2,000 originally, and then exceeds the $2,000 threshold, the notice must be delivered within 5 days of the date on which the contractor knows or reasonably should know that the contract will exceed $2,000.

On public construction projects, preliminary notice must be received by the general contractor within 30 days of the filing of the notice of commencement, or within 30 days of the claimant’s first furnishing of labor and/or materials to the project – whichever is later.

If a party fails to serve a required Notice to Contractor before the deadline, they lose the right to file a mechanics lien or make a bond claim in the event they are not paid. However, if a Notice of Commencement was not filed on the project, then sub-tier party lien rights are not affected.

This Preliminary Notice of Lien Rights should be filed with the clerk of the superior court of the Georgia county in which the project is located, and a copy of the filed notice should be sent to the owner and general contractor within 7 days of filing by registered or certified mail or statutory overnight delivery.

Download a free Preliminary Notice of Lien Rights form 

On private construction projects, the Notice to Contractor must be sent by registered or certified mail, or by statutory overnight delivery. Where the statute calls for delivery by certified mail, standard certified mail is recommended and there is no need to send with return receipt requested.

• Download a free Notice to Contractor form: For private projects | For public projects
• Learn more: How To Send Notice to Owners – Standard Certified Mail, or Certified Mail with Return Receipt Requested?

On public projects, Georgia statutes do not specify how the preliminary notice must be delivered to the general contractor. Because of this, a method of delivery with proof of delivery is likely advisable. Sending the notice by certified or registered mail, or by personal service is likely sufficient.

On private projects, the Notice to Contractor should be sent to the owner and the prime contractor.

On public projects, all parties required to give the preliminary notice must give the notice to the general contractor.

The preliminary notice is considered delivered at the time of mailing. When notices must be sent by certified mail, Georgia courts have consistently held that actual delivery is immaterial, and that the sending party need only demonstrate that the mailing was sent according to statutory requirements.

Learn more: When is notice considered served?