On Georgia public projects, unpaid subcontractors and suppliers claim against the prime contractor's payment bond instead of filing a lien. State jobs over $100,000 and local-government jobs of $250,000 or more require a bond of at least 100% of the contract. Suit must be filed within one year after the contract is completed and the work is accepted.
Public work pays reliably most of the time. When it doesn't, the usual tool for unpaid contractors, the mechanic's lien, generally isn't available, because liens can't be placed on publicly owned property the way they can on a private building. Georgia fills that gap by requiring the prime contractor on most public jobs to post a payment bond. The bond is a promise from a surety company that subcontractors and suppliers will be paid, and you can sue on it directly if they aren't.
Georgia has two parallel bond statutes: O.C.G.A. § 13-10-60 and following for state projects, and O.C.G.A. § 36-91-90 and following for counties, cities, school boards and other local governments. The rules are nearly identical, but the dollar thresholds now differ, and the notice deadlines are short. Jerry Parisi helps subcontractors and suppliers across Jefferson, Jackson County and Northeast Georgia preserve and pursue bond claims before those deadlines pass.
Why a payment bond replaces the lien on public work
On a private job, a lien attaches to the property you improved. Public property is generally off-limits to liens, so Georgia's bond statutes give you a claim against the bond and its surety instead. The payment bond must be in an amount of at least the total payable under the initial contract (100% of the contract), and the public owner can require it to be increased as the contract grows. Cash or a certified or cashier's check can be accepted in place of a bond.
The statutes also protect you if the public owner never took a proper bond. Under O.C.G.A. §§ 13-10-61 and 36-91-91, the government body that failed to require the bond in the required form is liable to subcontractors and suppliers for the resulting loss. Change orders and time extensions do not release the surety.
When a Georgia public project requires a bond
- State projects: a payment bond is required for state public works construction contracts with an estimated amount greater than $100,000 (O.C.G.A. § 13-10-60). The state may also require one on smaller contracts.
- Local-government projects: counties, cities and other local bodies must require a payment bond on contracts covered by the local public works chapter (O.C.G.A. § 36-91-90). Since HB 137 took effect July 1, 2025, that chapter generally does not apply to projects that can be performed for less than $250,000 (O.C.G.A. § 36-91-22), so in practice the bond requirement reaches local projects of $250,000 or more.
- Federal projects follow a different law entirely, the Miller Act, with its own thresholds and deadlines. See our Miller Act page if your job is on federal property.
- If you are not sure which rules apply, the contract documents and the notice of commencement usually identify the public owner and the surety.
Notice of commencement: the prime's 15-day job
The prime contractor must post a notice of commencement on the job site and file it with the clerk of superior court in the county where the site is located no later than 15 days after physically starting work. The notice lists the contractor's name, address and phone number, the project, the public owner, and the bond surety. The prime must send a copy within 10 calendar days to any subcontractor or supplier who asks in writing.
Whether a notice of commencement was filed matters, because it sets which notice deadline applies to you. Checking the superior court clerk's records, or making a written request to the prime, should be one of the first things you do on any public job.
Notice to contractor: 30 days, or 90 days if no NOC
If you contracted directly with the prime contractor, the statutes do not require a separate notice to contractor to protect your bond claim. If you contracted with a subcontractor instead (a sub-subcontractor or a supplier to a sub), you must give the prime written notice to preserve your rights.
- When a notice of commencement was filed: give the prime written notice within 30 days of the filing or 30 days after your first delivery of labor or materials, whichever is later. The notice must include your name, address and phone, who you are working for, the project name and location, and a description of your work with its value or the amount due, if known.
- When no notice of commencement was filed: the 30-day rule does not apply. Instead, give the prime written notice within 90 days of the last day you performed labor or furnished materials, stating the amount claimed with substantial accuracy and the name of the party you supplied.
- Send notice by registered or certified mail or statutory overnight delivery to the contractor's office, place of business or residence, or serve it in any manner a sheriff may serve process.
- Coverage further down the contracting chain depends on your tier and your contract. If you are several levels removed from the prime, have your position checked early.
Filing suit on the bond
A claimant who has not been paid in full within 90 days after its last labor or materials (or after completing its subcontract) can sue on the bond. The hard stop is the suit deadline: no action can be brought on a Georgia public payment bond more than one year after the completion of the contract and acceptance of the work by the public authority (O.C.G.A. §§ 13-10-65 and 36-91-95).
The suit is brought in your own company's name. The state or local government is not made a party. That is a key difference from a federal Miller Act claim, which is filed in the name of the United States in federal court.
How to get a certified copy of the bond
You need the bond to know who the surety is and to plead your claim. The public official who holds the bond must furnish a certified copy of the bond and the contract to anyone who applies with an affidavit stating that they supplied labor or materials for the work and have not been paid, or that they are being sued on the bond (O.C.G.A. §§ 13-10-64 and 36-91-94). The copy fee cannot exceed what the superior court clerk charges for copies.
Retainage on Georgia public contracts
Retainage is often the last money a sub sees on a public job. For public works contracts entered into on or after July 1, 2022, O.C.G.A. § 13-10-80 caps retainage at 5% of each progress payment and requires progress payments at least monthly. This applies to state agencies, counties, cities, school boards and other public owners.
- The public owner must pay retainage within 30 days after substantial completion and receipt of an invoice. It may hold back up to 200% of the value of incomplete punch-list items.
- The prime must pass retainage down to subcontractors within 10 days, and subs pass it to their own subs within 10 days.
- Exemptions include Department of Transportation road contracts and contracts worth $250,000 or less or lasting 45 days or less at award (raised from $150,000 by HB 137).
- Contract terms that give you less than the statute provides are unenforceable.
How Parisi Law Firm helps
Most lost bond claims are lost on paperwork, not merits: a notice sent to the wrong party, a deadline counted from the wrong date, or a suit filed after the one-year window. We review your contract and dates, pull the notice of commencement and the bond, prepare and serve your notice to contractor, and pursue the surety and the prime when payment still doesn't come. Call (404) 594-5130 to schedule a consultation.
Georgia state vs. local public project bond rules
| Rule | State projects | Local-government projects |
|---|---|---|
| Statute | O.C.G.A. § 13-10-60 et seq. | O.C.G.A. § 36-91-90 et seq. |
| When a payment bond is required | Estimated contract over $100,000 | Projects of $250,000 or more (since July 1, 2025, via § 36-91-22) |
| Bond amount | At least 100% of the initial contract | At least 100% of the initial contract |
| Notice of commencement | Prime posts and files within 15 days of starting work | Prime posts and files within 15 days of starting work |
| Notice to contractor (NOC filed) | Within 30 days of NOC filing or first delivery, whichever is later | Within 30 days of NOC filing or first delivery, whichever is later |
| Notice to contractor (no NOC) | Within 90 days of last labor or materials | Within 90 days of last labor or materials |
| Suit deadline | 1 year after completion and acceptance | 1 year after completion and acceptance |
| Retainage cap (§ 13-10-80) | 5% of each progress payment | 5% of each progress payment |
Frequently Asked Questions
Can I file a lien on a Georgia public project?
Generally, no. Liens generally can't be placed on publicly owned property, so Georgia requires a payment bond on most state and local public works contracts instead. Unpaid subcontractors and suppliers make a claim against that bond and its surety. If the public owner failed to take a proper bond, the owner itself can be liable for your loss.
How long do I have to make a payment bond claim in Georgia?
You must file suit within one year after the contract is completed and the work is accepted by the public owner. If you don't have a contract with the prime, you also need to give written notice first: within 30 days of the notice of commencement or first delivery, or within 90 days of your last work if no notice of commencement was filed.
How do I get a copy of the payment bond?
Apply to the public official who holds the bond with an affidavit stating you supplied labor or materials and haven't been paid. Georgia law directs that official to give you a certified copy of the bond and the contract, for a fee no higher than superior court clerk copy charges. The notice of commencement also names the surety.
Does a county or city project require a payment bond?
Yes, if the project is covered by Georgia's local public works chapter, O.C.G.A. § 36-91-90. Since July 1, 2025, that chapter generally does not apply to projects under $250,000, so local-government bonds are effectively required on projects of $250,000 or more. State projects still require a bond when the estimated contract exceeds $100,000.
How much retainage can a Georgia public owner hold?
For public works contracts entered into on or after July 1, 2022, retainage is capped at 5% of each progress payment under O.C.G.A. § 13-10-80. The owner must release it within 30 days after substantial completion and invoice, and it flows down to subs within 10 days. Contracts of $250,000 or less, or 45 days or less, are exempt.
Do I need to send a notice if I contracted directly with the prime contractor?
Georgia's bond statutes put the notice-to-contractor requirement on claimants who have no contract with the prime, such as a sub's subcontractor or supplier. If you contracted directly with the prime, you still must file suit within one year after completion and acceptance. It is still wise to document your unpaid amounts in writing.
Who do I sue on a Georgia public payment bond?
The claim is a suit on the payment bond, brought in your own company's name. The state or local government is not made a party to the suit, and the certified copy of the bond tells you which surety issued it. That differs from a federal Miller Act claim, which is brought in the name of the United States in federal district court.