Under O.C.G.A. § 44-14-361.5, the owner, the owner's agent, or the contractor files a Notice of Commencement with the superior court clerk in the project's county no later than 15 days after the contractor physically starts work. If one is filed, lower-tier subs and suppliers must send a Notice to Contractor to protect their lien rights.
The Notice of Commencement is one of the least glamorous documents on a Georgia construction job, and one of the most important. It's a one- or two-page form that identifies the contractor, the project, the true owner, any bond surety, and any construction lender. Once it's on file, it changes the rules for every subcontractor and supplier who doesn't have a contract directly with the general contractor.
For owners and general contractors, a properly filed Notice of Commencement means you hear from lower-tier parties early, while there's still time to make sure they get paid. For subs and suppliers, it's a document you need to go look for on every job, because if it exists and you ignore it, you can lose your lien. Jerry Parisi helps Northeast Georgia owners, contractors, and trade businesses get this step right from the start.
What a Notice of Commencement does
The Notice of Commencement is a public record that tells everyone working on a private project who the contractor is, who owns the property, and where notices should be sent. Its biggest practical effect is on the Notice to Contractor requirement in the same statute. When a Notice of Commencement is filed, any lien claimant who is not in privity of contract with the contractor (a sub-subcontractor, or a supplier to a subcontractor, for example) has to send a written Notice to Contractor to make good its lien.
Georgia law also says that filing a Notice of Commencement is not a cloud on title and does not affect the priority of a construction loan. Owners and lenders sometimes worry about that. The statute addresses it directly.
Who files it, when, and where
O.C.G.A. § 44-14-361.5 puts the filing in the hands of the owner, the owner's agent, or the contractor. Any of them can file it. On many jobs the general contractor handles it because the GC has the project information at hand, but the contract should say who is responsible so nobody assumes the other side took care of it.
- Deadline: no later than 15 days after the contractor physically commences work on the property
- Where: the office of the clerk of the superior court in the county where the project is located
- Posting: a copy must also be posted on the project site
- Copies on request: the contractor must give a copy to any subcontractor or supplier who asks in writing; if the contractor doesn't within 10 calendar days of the request, the section does not apply to the person who asked
- Residential work: the statute contains no residential exemption, so it applies to home projects as well as commercial ones
The six things a Notice of Commencement must contain
The statute lists what the notice has to include (see the table below). Accuracy matters. Georgia courts have treated a fatally defective notice, such as one with only a street address and no legal description, one naming the wrong true owner, or one that leaves out the construction lender, the same as no notice at all. That can undo the protection an owner or GC thought they had.
Two practical pointers: pull the legal description from the recorded deed rather than a tax bill or a plat summary, and confirm the true owner's exact legal name, especially when the property is held in an LLC or trust.
Filing vs. posting: why the difference matters
The statute requires both filing with the clerk and posting a copy on the job site, but the two failures don't carry the same weight. In Rey Coliman Contractors v. PCL Construction Services (2009), the Georgia Court of Appeals held that failing to post the notice at the site does not excuse a subcontractor from sending a Notice to Contractor. Only failing to file it does.
For subs and suppliers, that means the absence of a posted notice on the jobsite fence tells you nothing. Check the county records. For owners and GCs, it means filing is the step that carries legal weight, though you should still post as the statute requires.
What happens if no Notice of Commencement is filed
The statute is blunt: the failure to file a Notice of Commencement renders its provisions inapplicable. In practice, that means lower-tier subs and suppliers do not have to send a Notice to Contractor on that project. Their lien rights still depend on meeting the other lien requirements, including filing the claim of lien within 90 days and following through with a timely lawsuit.
A late notice is a different story. Georgia courts have held that a Notice of Commencement filed after the 15-day window, but otherwise valid, still triggers the Notice to Contractor duty. Subs and suppliers should not assume a late filing can be ignored.
How it affects the claim of lien
The Notice of Commencement also changes what a lien claimant has to do when filing a lien. Every claimant must send a copy of the filed claim of lien to the owner no later than two business days after filing, by registered or certified mail or statutory overnight delivery. When a Notice of Commencement has been filed, the claimant must also send a copy of the claim of lien to the contractor at the address shown on the Notice of Commencement, by the same methods.
This contractor copy is easy to miss, and it's another reason subs and suppliers should pull the Notice of Commencement before they ever need to file a lien. The address you'll need is on it.
For owners and general contractors
- Decide in the contract who files the Notice of Commencement and who posts it
- File within 15 days after physical work starts, in the superior court clerk's office for the project's county
- Double-check the legal description, the true owner's name, the surety, and the construction lender before filing
- Answer written requests for a copy within 10 calendar days, and keep proof of when you sent it
- Log every Notice to Contractor you receive and match it against your pay applications and lien waivers
For subcontractors and suppliers
If you don't have a contract directly with the general contractor, your first job-setup task should be checking whether a Notice of Commencement is on file. Search the superior court clerk's records for the county where the project sits, and if you can't find one, send the contractor a written request for a copy and keep proof of the date. Once you have it, calendar your Notice to Contractor deadline and use the owner and contractor addresses shown on the notice.
Public projects work differently. Georgia's public-works bond statutes have their own notice of commencement rule, which the prime contractor posts and files. See our public project bond claims page for how that system works.
Whether you're drafting the notice as an owner or GC, or trying to figure out what one means for your lien rights as a sub or supplier, Parisi Law Firm can review the paperwork with you. Call (404) 594-5130 to schedule a consultation.
What a Georgia Notice of Commencement must contain (O.C.G.A. § 44-14-361.5)
| Required item | Practical note |
|---|---|
| The contractor's name, address, and telephone number | This is the address lien claimants use for the Notice to Contractor and the contractor's lien copy |
| The project's name and location, plus the legal description of the property | A street address alone, with no legal description, has been held fatally defective |
| The name and address of the true owner | Naming the wrong owner has been held fatally defective |
| The name and address of the person at whose instance the work is being done, if not the owner | Common where a tenant or developer orders the work |
| The surety on the performance and payment bonds, if any | Tells subs and suppliers whether a bond may be available |
| The construction lender, if any | Leaving out the lender has been held to defeat the notice |
Frequently Asked Questions
What is a Notice of Commencement in Georgia?
It's a document filed with the superior court clerk in the project's county that identifies the contractor, the project and its legal description, the true owner, any bond surety, and any construction lender. On private projects it is governed by O.C.G.A. § 44-14-361.5, and filing it triggers the Notice to Contractor requirement for lower-tier subs and suppliers.
Who files the Notice of Commencement?
Georgia law allows the owner, the owner's agent, or the contractor to file it. Because any of them can, your contract should say who is responsible. Otherwise each side may assume the other did it, and the notice never gets filed.
What is the deadline to file a Notice of Commencement?
No later than 15 days after the contractor physically commences work on the property. It's filed with the clerk of the superior court in the county where the project is located, and a copy must also be posted on the project site.
Is a Notice of Commencement required on residential projects?
O.C.G.A. § 44-14-361.5 contains no residential exemption. It applies to the improvement of property generally, so the same rules apply to a home remodel or new house as to a commercial building.
What happens if the owner or contractor never files one?
The statute says the failure to file makes its provisions inapplicable. As a practical matter, lower-tier subs and suppliers then don't need to send a Notice to Contractor. They still must meet every other lien requirement, including the 90-day filing deadline.
The notice wasn't posted at the jobsite. Do I still need to send a Notice to Contractor?
Possibly, yes. Georgia's Court of Appeals has held that failure to post the notice does not excuse a sub from sending a Notice to Contractor. Only failure to file it does. Always check the superior court clerk's records rather than relying on what is posted at the site.
How do I get a copy of the Notice of Commencement?
Search the superior court clerk's records in the project's county, or ask the contractor in writing. The contractor must provide a copy on written request. If it doesn't within 10 calendar days, the section does not apply to the person who asked. Keep proof of your request date.
Does a Notice of Commencement cloud the owner's title?
No. Georgia law states that filing a Notice of Commencement is not a cloud on title and does not affect the priority of a construction loan. It's a notice document, not a lien.