Under O.C.G.A. § 44-14-361.5, anyone with lien rights who has no contract with the general contractor must send a Notice to Contractor to the owner and the contractor within 30 days of the Notice of Commencement filing or first furnishing, whichever is later. It's required only if a Notice of Commencement was filed. Miss it and the lien fails.
Georgia lien law protects more than the general contractor. Sub-subcontractors, suppliers to subcontractors, and others further down the chain can have lien rights too. But those rights come with a condition that catches a lot of trade businesses off guard: when the project has a Notice of Commencement on file, anyone who isn't in privity of contract with the general contractor must send a written Notice to Contractor early in the job, or the lien is lost.
The Notice to Contractor is also frequently confused with Georgia's preliminary notice of lien rights, a separate and optional filing. Mixing the two up can leave you thinking you're protected when you aren't. Jerry Parisi helps Northeast Georgia subcontractors, suppliers, and the contractors who receive these notices understand exactly what's required on each job.
Who has to send a Notice to Contractor
The requirement applies to any person with a right to a lien who does not have privity of contract with the contractor and is providing labor, services, or materials for the improvement of the property. In plain terms, if your contract is with a subcontractor rather than with the general contractor, this rule is aimed at you.
- A sub-subcontractor hired by a subcontractor
- A supplier selling materials to a subcontractor rather than to the general contractor
- Other lien claimants who are one or more steps removed from the contractor
- Not required: parties who contract directly with the general contractor, since they are already in privity with it
It only applies if a Notice of Commencement was filed
The Notice to Contractor requirement is triggered by a Notice of Commencement filed with the superior court clerk in the project's county. If no Notice of Commencement was filed, the statute says its provisions don't apply, and no Notice to Contractor is required. Georgia courts have treated a fatally defective Notice of Commencement (for example, one missing the legal description or naming the wrong owner) the same way.
Two cautions. First, a late-filed but otherwise valid Notice of Commencement still triggers the duty. Second, whether the notice was posted at the jobsite doesn't matter; only filing does. The safe practice is to check the county records at the start of every job and send the notice whenever one is on file. If the contractor fails to give you a copy within 10 calendar days of your written request, the section does not apply to you, so make that request in writing and keep proof.
The deadline, delivery, and recipients
- Deadline: within 30 days from the filing of the Notice of Commencement or 30 days after your first delivery of labor, services, or materials to the property, whichever is later
- Recipients: both the owner (or the owner's agent) and the contractor
- Addresses: the addresses shown on the Notice of Commencement
- Delivery: registered or certified mail, or statutory overnight delivery
- Proof: keep the mailing receipts and a copy of exactly what you sent
What the Notice to Contractor must say
Georgia law spells out the contents. Leaving something out can be fatal. In one case, a notice missing required address information and the project location was held deficient.
- Your name, address, and telephone number
- The name and address of each person at whose instance you are furnishing labor or materials (usually the subcontractor who hired you)
- The project name and location as shown on the Notice of Commencement
- A description of the labor, services, or materials and, if known, the contract price, anticipated value, or amount due
What happens if you miss it
The statute makes the Notice to Contractor a condition of making good your lien. Georgia courts have held liens invalid, and denied recovery on them, where a required notice wasn't sent. Don't count on a late or incomplete notice being good enough.
Missing the notice costs you the lien. It doesn't erase the debt. You may still have a breach-of-contract claim against the party that hired you, and other collection options may be available. But you lose the leverage that comes from a claim against the property itself, which is often what gets a stalled payment moving.
The preliminary notice of lien rights is a different, optional filing
Georgia also has a preliminary notice of lien rights under O.C.G.A. § 44-14-361.3. It was not repealed and remains in the Code. The key difference is that it is optional: the statute says a claimant may file one at its option, and a person with a lien may enforce the lien without filing a preliminary notice.
If you choose to use it, the preliminary notice is filed with the superior court clerk within 30 days after you first deliver materials or provide labor or services, and a claimant other than the contractor must send a copy within seven days to the contractor or the owner. Owners have a response under O.C.G.A. § 44-14-361.4: they can send a demand to file a lien, and if no lien is filed within 10 days, the preliminary notice is dissolved. On non-residential property, that demand can't be sent until the contractor's contract is substantially complete.
The bottom line: filing a preliminary notice does not satisfy the Notice to Contractor requirement, and skipping the preliminary notice does not hurt your lien. If a Notice of Commencement is on file and you're not in privity with the contractor, the Notice to Contractor is the step you cannot skip.
Public projects have their own 30-day notice
Liens generally can't attach to public property, so public jobs run through payment bonds instead. Georgia's public-works bond statutes (O.C.G.A. § 13-10-63 for state projects and § 36-91-93 for local projects) have a parallel rule. When the prime contractor has filed a notice of commencement, a claimant with no contract with the prime must give the contractor written notice within 30 days of the notice's filing or of first delivery, whichever is later. When no notice of commencement was filed, a different 90-day notice runs from your last furnishing. See our public project bond claims page for details.
Not sure whether you owe a notice on a current job, or received one you don't know what to do with? Call Parisi Law Firm at (404) 594-5130 to schedule a consultation.
Notice to Contractor vs. preliminary notice of lien rights
| Question | Notice to Contractor | Preliminary notice of lien rights |
|---|---|---|
| Statute | O.C.G.A. § 44-14-361.5 | O.C.G.A. § 44-14-361.3 |
| Required? | Yes, for claimants not in privity with the contractor, but only if a Notice of Commencement was filed | No. It's optional, and a lien can be enforced without it |
| Deadline | 30 days from the Notice of Commencement filing or first furnishing, whichever is later | Filed within 30 days after first delivering materials or providing labor or services |
| How it's given | Sent to the owner (or agent) and the contractor by registered or certified mail or statutory overnight delivery | Filed with the superior court clerk; a claimant other than the contractor sends a copy within 7 days to the contractor or owner |
| If you skip it | The lien is invalid | No effect on your ability to enforce the lien |
| Owner's counter-move | Not applicable | Demand to file a lien; if no lien is filed within 10 days, the preliminary notice is dissolved |
Frequently Asked Questions
What is a Notice to Contractor in Georgia?
It's a written notice that a lien claimant without a contract with the general contractor must send to the owner and the contractor under O.C.G.A. § 44-14-361.5. It identifies who you are, who hired you, the project, and what you're furnishing. When required, it's a condition of having a valid lien.
Who has to send a Notice to Contractor?
Anyone with lien rights who is not in privity of contract with the general contractor, such as a sub-subcontractor or a supplier to a subcontractor. If you contract directly with the general contractor, the requirement doesn't apply to you.
What is the deadline for a Notice to Contractor?
Within 30 days from the filing of the Notice of Commencement or 30 days after your first delivery of labor, services, or materials to the property, whichever is later. Send it by registered or certified mail or statutory overnight delivery to the addresses on the Notice of Commencement.
Do I need a Notice to Contractor if no Notice of Commencement was filed?
No. The requirement applies only when a Notice of Commencement has been filed with the superior court clerk. Check the county records carefully, because a notice that wasn't posted at the jobsite may still have been filed, and a filed notice is what triggers the duty.
What happens if I don't send a required Notice to Contractor?
Your lien is invalid. Georgia courts have refused to enforce liens where the required notice wasn't sent. You may still pursue the debt through a contract claim against whoever hired you, but you lose the leverage of a claim against the property.
Is a preliminary notice of lien rights the same as a Notice to Contractor?
No. The preliminary notice under O.C.G.A. § 44-14-361.3 is an optional county filing, and a lien can be enforced without it. The Notice to Contractor under § 44-14-361.5 is mandatory for claimants not in privity with the contractor whenever a Notice of Commencement is filed. One doesn't substitute for the other.
Was Georgia's preliminary notice repealed?
No. O.C.G.A. § 44-14-361.3 remains in the Georgia Code. The 2020 lien-waiver reform, which took effect in 2021, rewrote the waiver statute but did not repeal the preliminary notice. It remains available as an optional filing.
Is there a similar notice on public projects?
Yes. Georgia's public-works bond statutes require a claimant without a contract with the prime to give the contractor written notice within 30 days of the notice of commencement filing or first delivery, whichever is later. If no notice of commencement was filed, a 90-day notice from last furnishing applies instead.