A Georgia Notice of Commencement is a document the property owner, the owner’s agent, or the general contractor must record with the clerk of the superior court in the county where the project sits, no later than 15 days after the contractor physically begins work. Once it’s filed, any party without a direct contract with the general contractor has 30 days to send a Notice to Contractor if they want to preserve their mechanics lien rights. The rules come from O.C.G.A. 44-14-361.5.1Justia Law. Georgia Code 44-14-361.5 – Liens of Persons Without Privity of Contract
Who Files It and by When
The owner, the owner’s agent, or the general contractor files the Notice of Commencement with the clerk of the superior court in the county where the property is located. The deadline is no later than 15 days after the contractor physically commences work on the property.1Justia Law. Georgia Code 44-14-361.5 – Liens of Persons Without Privity of Contract
Watch the trigger. The clock starts when work physically begins, not when a contract is signed or a permit is issued. If a grading crew arrives on March 1 and starts moving earth, the notice must be filed by March 16. Missing that window does not eliminate anyone’s lien rights on its own, but it changes what downstream parties are required to do, which is covered below.
Required Contents
The notice must carry enough information to let subcontractors and suppliers identify the project and know where to send their own notices. Under O.C.G.A. 44-14-361.5, it needs to include:
- The property owner’s name and address
- The contractor’s name and address
- The legal description of the real property where work is being performed
- A general description of the improvement being made
Accuracy matters. A subcontractor who sends a preliminary notice to the wrong address because the recorded document had a typo can end up fighting about whether proper notice was given. Check every name, address, and legal description before recording.1Justia Law. Georgia Code 44-14-361.5 – Liens of Persons Without Privity of Contract
Posting at the Job Site
Recording is not the whole job. A copy of the Notice of Commencement must also be posted at the project site.1Justia Law. Georgia Code 44-14-361.5 – Liens of Persons Without Privity of Contract The statute does not spell out an exact location or a minimum display period. In practice, most contractors post it in the job trailer, near the main entrance, or on a bulletin board that all trades can see, and leave it up for the duration of the project.
Subcontractors and Suppliers: The Notice to Contractor
If you don’t have a direct contract with the general contractor, this is the section that decides whether you keep your lien rights. Sub-subcontractors, second-tier suppliers, and anyone else without a direct line to the prime contractor must send a separate document called a Notice to Contractor once a Notice of Commencement has been filed. Parties who contracted directly with the property owner have no preliminary notice requirement.
Send the Notice to Contractor to both the property owner and the general contractor within 30 days of whichever comes later: the date you first furnished labor or materials, or the date the Notice of Commencement was filed.1Justia Law. Georgia Code 44-14-361.5 – Liens of Persons Without Privity of Contract Use registered or certified mail, or statutory overnight delivery. First-class mail does not satisfy the requirement.
Missing this 30-day window forfeits the right to file a mechanics lien and the right to make a payment bond claim on the project. The deadline is firm. There is no late filing and no workaround.
What Happens if No Notice of Commencement Is Filed
If no Notice of Commencement is filed at all, the entire preliminary notice framework under O.C.G.A. 44-14-361.5 falls away. The statute states that failure to file renders the provisions of that code section inapplicable.1Justia Law. Georgia Code 44-14-361.5 – Liens of Persons Without Privity of Contract
In practical terms, subcontractors and suppliers are not required to send a Notice to Contractor when no Notice of Commencement exists. Their lien rights remain intact without that step. Owners who skip the filing thinking they’re avoiding paperwork are actually removing an early-warning system that would have identified lower-tier parties before those parties showed up with lien claims.
How It Connects to Your Lien Filing Deadline
Once a subcontractor or supplier has properly sent the Notice to Contractor, they have 90 calendar days after their last day of furnishing labor, services, or materials to file a mechanics lien with the clerk of the superior court.2Justia Law. Georgia Code 44-14-361.1 – How Liens Declared If the 90th day falls on a weekend or legal holiday, the deadline moves to the next business day.
The recorded notice also matters for lien waivers. Under O.C.G.A. 44-14-366, a signed lien waiver becomes fully effective 90 days after signing, whether the claimant was actually paid or not. To keep a waiver from taking effect without payment, file an Affidavit of Nonpayment with the clerk of the superior court before the 90 days run out. Within seven days of filing, send a copy to the property owner by registered or certified mail or statutory overnight delivery. If a Notice of Commencement is on file and you don’t have a direct contract with the owner, also send a copy to the contractor at the address listed on the Notice of Commencement.3Justia Law. Georgia Code 44-14-366 – Waiver of Lien or Claim Upon Bond The address on the recorded notice is what tells you where the affidavit needs to go.
Amending the Notice When the Project Changes
Projects shift. A general contractor may be replaced, the scope may expand, or an address may change. When any material detail in the Notice of Commencement is no longer accurate, amend it and file the updated version with the clerk of the superior court.1Justia Law. Georgia Code 44-14-361.5 – Liens of Persons Without Privity of Contract
Contractor substitutions are the most important to update quickly. If a new general contractor takes over and the recorded notice still names the old one, subcontractors will direct their preliminary notices to the wrong party. Replace the posted copy at the job site at the same time.
Filing Fees and Where to File
Recording is done at the clerk of the superior court in the county where the project is located. Filing fees vary by county. Based on published Georgia county fee schedules, expect roughly $10 to $25 for the first page, with small per-page charges for additional pages. Georgia law caps notary fees at $2.00 per notarial act, so the notarization piece is minimal.4GSCCCA. Georgia Notary Law Call the clerk’s office in your project’s county for the exact current fee. Some counties accept electronic filing, which can be faster but may add a technology surcharge.