The Notice to Contractor formally informs the owner of your involvement in the project, preserving mechanics lien rights for private projects or bond claims for public projects. This is required when the GC or owner records a Notice of Commencement. Separate forms are used for private and public projects, and you can find templates in the article below.
The Preliminary Notice of Lien Rights is an optional but critically useful notice for participants with no direct contract with the GC or owner to avoid losing lien rights in the event that the contractor files an affidavit incorrectly stating that all parties have been paid.
Georgia Notice to owner vs Preliminary Notice of Lien Rights:
Key Differences
| Notice to Contractor (NTC) | Preliminary Notice of Lien Rights | |
| Purpose | Formally informs the owner and general contractor of your involvement in the project, preserving lien rights or bond claims | Optional notice that informs the owner and general contractor of your involvement in the project and safeguards from blanket removal of lien rights if the contractor files a Sworn Affidavit that all payments have been paid at the end of the project |
| Delivery, Filing, or Sending | The NTC should be sent to the owner and general contractor via registered or certified mail, or statutory overnight delivery. | The Preliminary Notice of Lien Rights must be filed with the county clerk where the project is located and a copy sent to the general contractor. |
| Deadline | Within 30 days of whichever is later of the two dates: (1) The filing of the Notice of Commencement, or (2) Your first day of material delivery or work on the project | Filed within 30 days after first day of furnishing labor, materials, or services. After filing, a copy must be sent to the contractor within 7 days. |
| Applicability – Private Projects | Required when a Notice of Commencement has been filed. Subcontractors and suppliers without a direct contract with the property owner or general contractor must send the NTC to both parties. | Used in private projects. |
| Applicability – Public Projects | If a Notice of Commencement is filed, those without a direct contract with the general contractor must send the NTC to preserve bond claim rights. | N/A |
| Consequence of Not Filing | Loss of lien and bond rights when a NOC is filed and no NTC is sent | Potential loss of lien rights if the General Contractor filed an Affidavit of Payment |
Understanding these notices and adhering to their respective requirements is essential for subcontractors and suppliers to safeguard their lien rights in Georgia.
GA Notice to Contractor Form Template – Public Projects
Who has Mechanics Lien Rights in Georgia?
According to Georgia lien laws, suppliers, subcontractors, and other construction participants who contributed labor, services, or materials to improve real property are granted lien rights in Georgia. Potential claimants who do not have a direct contract with the GC/owner must file a Notice to Contractor for public and private projects in the state. The form must follow the statutory template and include accurate information, and the way to ensure accuracy is by using the information from the Notice of Commencement.
Best practice for claimants: If there is no NOC for a project, potential claimants should request it in writing. The contractor is then obligated to send a copy of the NOC within 10 calendar days.
When there is no NOC recorded for a project, potential claimants are not required to send notices to retain their lien rights and can proceed to file a lien if the need arises. However, it’s still best practice to request for an NOC to ensure accuracy of owner information required in pre-lien notices.
Georgia Notice to Contractor: Requirements
Do potential claimants have to file a notice to secure their lien rights? In most cases, yes.
The first thing they have to know is whether the owner or general contractor recorded a Notice of Commencement with the county clerk and physically posted it on the job site. This is standard practice, especially for major construction projects.
The Notice of Commencement serves to inform construction participants of basic project information, most importantly, the owner of the project.
The project owner is ultimately responsible for making sure everyone who worked on the project is paid, and having their information on the notice of commencement gives construction participants accurate owner information.
The NOC filing also kicks off a requirement for all claimants to retain lien rights or bond claims: with an NOC filed, potential claimants are required to send a Notice to Contractor (NTC) within 30 days of (1) the NOC filing or (2) first day of work or delivery, whichever is later.
The NTC should be sent via registered or certified mail, or statutory overnight delivery.
What is the Preliminary Notice of Lien Rights in Georgia?
The Preliminary notice of Lien Rights is an optional notice for private projects in the state of Georgia. Suppliers, subcontractors, and other participants without a direct contract with the owner or contractor record it with the county recorder it to protect their lien rights in addition to sending the NTC.
Must be filed with the clerk of the superior court in the county where the project is located within 30 days after first furnishing labor, materials, or services. A copy of the filed notice must be sent to the general contractor within seven days of filing.
Why File a Preliminary Notice in Georgia If It’s Optional
It becomes useful in the following situations:
1. The General Contractor files a Contractor Sworn Affidavit stating that all construction parties have been paid, effectively waiving all lien claims in the project.
The owner is responsible for checking public records for any preliminary notices before accepting the CSA from the contractor which is typically exchanged with the final payment.
If the CSA was recorded even if claimants have not been paid, only those who filed a Preliminary Notice of Lien Rights retain their right to file a lien claim.
2. For complex projects, filing the preliminary notice in GA becomes best practice as it serves a formal acknowledgement of your contribution to a project, improving your visibility to the project owner, encouraging prompt payment and reinforcing your lien rights.
3. Filing this preliminary notice improves your odds of being prioritized in case there is a need to enforce a lien and there are multiple claimants.
Georgia Pre-Lien Notices: A Summary
Requirement: The NTC is often mandatory to preserve lien or bond claim rights, especially when a Notice of Commencement is filed. The Preliminary Notice of Lien Rights is optional but best practice as it provides additional protection.
Filing vs. Sending: The NTC is sent to the owner and general contractor. The Preliminary Notice of Lien Rights is filed with the county clerk and a copy is to be sent to the general contractor.
Project Type: The NTC applies to both private and public projects. The Preliminary Notice of Lien Rights is mainly relevant to private projects.
Notarization: By law, these notices are not required to be notarized but notarization adds a layer of legal formality.