Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in Georgia
Georgia
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This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
Georgia Quick Overview
| Pursuant Code | O.C.G.A. §§ 44-14-361.3, 44-14-361.5 | |
| Prelien Required for Private/Commercial Projects | Yes | |
| Prelien Required for Public Projects | Yes | |
| GA Statutory Relief | Unpaid Balance | |
| Lien Milestone Event | Conditional, check statutes | |
| Lien Enforcement Deadline | 6 months to 1 year | |
| Waivable Lien Rights | No | |
| Supplier to Supplier Rights | Likely No | |
| Prelien Document Name(s) | Notice to Contractor | |
| Prelien Minimum Information | Claimant's name, address, and telephone number; name and address of the party who hired the claimant; name of the property owner; description of the property; and a general description of the labor, services, or materials provided. | |
| Prelien Minimum Notifications | Owner and general contractor. | |
| Prelien Recording Requirement | No | |
| Prelien Notarized | no |
Understanding the Prelien Process on Construction Projects in Georgia by Role
In Georgia, subcontractors and suppliers without direct contracts with the property owner must serve a Notice to Contractor within 30 days of first furnishing labor or materials or within 30 days after the Notice of Commencement is filed, whichever is later. This notice must be sent to both the property owner and the general contractor by certified mail, registered mail, or statutory overnight delivery. Additionally, a Preliminary Notice of Lien Rights can be filed with the county clerk within 30 days of first furnishing labor or materials to preserve lien rights, especially if a Contractor's Affidavit of Payment is involved. A copy of this notice must be sent to the contractor or owner within seven days of filing.
Mechanic's Liens in Georgia
In Georgia, a mechanics lien may be filed by contractors, subcontractors, and suppliers who have not been paid for labor or materials. If a Notice of Commencement is filed by the owner or general contractor, those without direct privity must serve a Notice to Contractor within 30 days of the filing of the Notice of Commencement or first delivery of labor or materials--whichever is later. A claim of lien must be filed within 90 days of last furnishing labor or materials. The lien must be sent to the owner within 2 business days and enforced within 365 days unless a notice of contest shortens the timeframe to 60 days.
Bond Claims in Georgia
On public works projects in Georgia, claimants who do not have direct contract with the prime contractor must generally provide written notice of their claim to the contractor within 90 days of last furnishing labor or materials. Suit on the bond must typically be initiated within one year of completion of the project or final settlement with the contractor, in accordance with the terms of the bond and the applicable statute.
Construction Lien Waivers in Georgia
Required Format: Georgia is one of a dozen states where all waivers MUST substantially follow statutorily required verbiage to be valid so be sure to check with your constuction attorney and consult the relevant state statutes.
Required Notarization: Georgia does not require waivers to be notarized.
Georgia requires the use of statutory lien waiver forms, and only two forms are recognized: (1) Interim Waiver and Release Upon Payment and (2) Waiver and Release Upon Final Payment. These waivers become unconditional 60 days after execution unless the claimant files an Affidavit of Nonpayment within that period. The waiver forms must strictly comply with O.C.G.A. § 44-14-366 and include prescribed language, making alterations or custom language invalid. Claimants must also be aware that executing a waiver may waive lien rights even if payment has not yet been received, unless proper action is taken within the statutory period.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in Georgia counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in Georgia
Frequently Asked Questions (FAQs) on Georgia Lien Processes for Contractors
Do I need to send a preliminary notice to protect my lien rights in Georgia?
Only if a Notice of Commencement has been filed. In that case, subcontractors and suppliers must send a Notice to Contractor within 30 days of either the filing of the Notice of Commencement or first furnishing labor or materials--whichever is later.
How long do I have to file a mechanics lien in Georgia?
You must file your lien within 90 days of last furnishing labor, services, or materials.
What are the requirements after filing a mechanics lien?
You must send a copy of the lien to the property owner (and contractor, if applicable) within 2 business days, and you must initiate a lien enforcement action within 365 days of filing, or within 60 days if a notice of contest is filed.
What happens if I miss the 30-day deadline for sending the Notice to Contractor?
If a Notice of Commencement was filed and you fail to send the Notice to Contractor within the required timeframe, you may lose your lien rights.
Is notarization required for Georgia lien claims?
Yes. The lien must comply with O.C.G.A. § 44-14-361.1 and be notarized when recorded.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
