Georgia Notice to Contractor Information
Unless you have a direct contract with the owner or the prime contractor, you are required to give a written Notice to Contractor within thirty (30) days of first delivery of labor, service, or materials, or within thirty (30) days from the filing of the Notice of Commencement, whichever is later. This notice must be sent by registered or certified mail or statutory overnight delivery to the property owner or the agent of the owner and to the contractor.
If you make a written request to the contractor for a copy of the Notice of Commencement and if he fails to provide you a copy within ten (10) days of his receipt of your request, you have lien rights without timely serving a Notice to Contractor.
An optional Preliminary Notice of Lien can be filed with the clerk of courts in the county where the property is located. Although this is not an essential step in perfection of lien rights, filing of this Notice is intended to alert the property owner to the potential claim. If used, a Cancellation of Preliminary Notice of Lien must be filed within ten (10) days of final payment.
The contractor is required to file a Notice of Commencement within fifteen (15) days from the start of the job. You have ninety (90) days from the last date materials were furnished or the last date work was completed, to file a Claim of Lien. We advise you consult an attorney to make sure your Claim of Lien is timely and correctly filed.
A Claim of Lien, once filed, cannot be amended after the ninety (90) day period has passed. You have three hundred sixty five (365) days from the date the Claim of Lien was filed to file a lien action against the entity with whom contracted. The time period to file lien action can be shortened to sixty (60) days if a Notice of Contest of Lien is filed by the owner or contractor.