Georgia Construction Lien Resources
Notice to Contractor within 30 days (when an NOC is filed), file the lien within 90 days of completion, sue within 365 days of filing. Everything a contractor, subcontractor or supplier needs to protect lien rights in Georgia.
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Notice to Contractor (if a Notice of Commencement is filed)
File the claim of lien after completing work
Send a copy of the lien to the owner
Start the lien action after filing
Georgia deadline calculator
Enter your dates and see every deadline in order. Red rows are the ones that can cost you the lien.
How a Georgia lien comes together
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Within 15 days after the contractor starts work
Notice of Commencement
The owner, the owner’s agent, or the contractor files a Notice of Commencement with the superior court clerk. A copy is posted on the job site.
O.C.G.A. 44-14-361.5(b)
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Within 30 days of first furnishing (optional)
Preliminary Notice of Lien Rights
A lien claimant may choose to file a Preliminary Notice of Lien Rights with the superior court clerk. Claimants other than the contractor must mail a copy to the contractor or owner within 7 days of filing.
O.C.G.A. 44-14-361.3(a), (b)
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Later of 30 days after the NOC is filed or 30 days after first delivery
Notice to Contractor
If a Notice of Commencement is filed, a claimant with no privity of contract with the contractor sends a Notice to Contractor to the owner (or agent) and the contractor. Use registered or certified mail or statutory overnight delivery.
O.C.G.A. 44-14-361.5(a), (c)
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Within 90 days after completing work
File the claim of lien
File the claim of lien with the clerk of the superior court in the county where the property is located. It must include the expiration statement and the notice of the owner’s right to contest.
O.C.G.A. 44-14-361.1(a)(2); 44-14-367
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Within 2 business days after filing
Send copies of the lien
Send a true copy to the owner by registered or certified mail or statutory overnight delivery. If an NOC is filed, also send a copy to the contractor at the NOC address.
O.C.G.A. 44-14-361.1(a)(2)
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Within 365 days after filing
Start the lien action
File suit within 365 days of filing the lien. Within 30 days after filing suit, file a notice of the action with the superior court clerk. The lien expires 395 days after filing if no notice of the action is filed.
O.C.G.A. 44-14-361.1(a)(3); 44-14-367
The Georgia rules, abstracted
A working summary of the Georgia Mechanics’ and Materialmen’s Lien Law for notice, recording and enforcement.
Who has lien rights
Georgia gives lien rights to contractors, subcontractors, laborers, and material suppliers. Architects, registered foresters, land surveyors, professional engineers, and registered interior designers can also claim liens.
Pre-lien notices
Georgia has two. The Notice to Contractor applies only when a Notice of Commencement is filed. It applies to claimants without privity of contract with the prime contractor. It is due within 30 days after the NOC is filed or 30 days after first delivery, whichever is later. It goes to the owner (or agent) and the contractor by registered or certified mail or statutory overnight delivery. The statute makes it a condition to "make good" the lien. The Preliminary Notice of Lien Rights is optional. It is filed with the superior court clerk within 30 days after first furnishing. Claimants other than the contractor mail a copy to the contractor or owner within 7 days.
Notice of Commencement
The owner, the owner’s agent, or the contractor files a Notice of Commencement no later than 15 days after the contractor physically starts work. It is filed with the superior court clerk and posted on the job site. If no NOC is filed, the Notice to Contractor rules do not apply.
The claim of lien
File the claim of lien within 90 days after completing the work or furnishing the materials. File it with the clerk of the superior court in the county where the property is located. The lien must include a statement that it expires and is void 395 days after filing if no notice of the lien action is filed. That statement must be in at least 12-point bold type. The lien must also tell the owner of the right to contest. Without these statements, the lien is invalid.
Service of the lien
No later than two business days after filing, send a true copy of the lien to the property owner. Use registered or certified mail or statutory overnight delivery. If the owner’s address cannot be found, send it to the contractor as the owner’s agent. For an owner on file with the Secretary of State, the entity address or registered agent address works. If an NOC is filed, also send a copy to the contractor at the NOC address.
Enforcement deadline
Start a lien action within 365 days from the date the lien was filed. Within 30 days after starting the action, file a sworn notice of the action with the superior court clerk in the county where the lien was filed. The lien expires 395 days after filing if no notice of the action is filed.
Owner protections
The total of all liens cannot exceed the contract price of the improvements. An owner can rely on the contractor’s sworn statement that subs and suppliers were paid in a sale, a loan, or final payment, unless a valid preliminary notice or claim of lien was of record at settlement. The owner or contractor can also file a Notice of Contest of Lien and must serve it within 7 days. The claimant then has 60 days from receipt to start the lien action. The lien is extinguished 90 days after the contest is filed if no notice of the lien action is filed.
Georgia quirk: lien waivers
Georgia waivers must substantially follow the statutory forms. A signed waiver binds the claimant to the extent stated. It becomes effective on actual payment, on a separate signed acknowledgment of payment, or 90 days after signing, whichever comes first. If you were not paid, you can keep your rights by filing an Affidavit of Nonpayment in the property’s county within those 90 days.
Where Georgia liens go wrong
- Missing the Notice to Contractor when a Notice of Commencement is filed.
- Leaving out the 395-day expiration statement or the right-to-contest notice. Either one invalidates the lien.
- Signing a statutory waiver before payment and missing the 90-day Affidavit of Nonpayment.
- Ignoring a Notice of Contest of Lien. The claimant has 60 days from receipt to sue.
What do I need to send?
- Check the superior court records for a Notice of Commencement.
- If you lack privity with the prime contractor and an NOC is filed, send a Notice to Contractor within 30 days of the NOC or of first delivery, whichever is later.
- Consider filing an optional Preliminary Notice of Lien Rights within 30 days of first furnishing. Mail a copy within 7 days.
- File the lien within 90 days of completing your work. Send copies to the owner, and to the contractor if an NOC is filed, within 2 business days.
- If you signed a waiver and were not paid, file an Affidavit of Nonpayment within 90 days.
- Know that a Notice of Commencement is due within 15 days after work starts and must be posted on site.
- Track the Notices to Contractor you receive from lower tiers.
- File your own lien within 90 days of completing your work and send the owner a copy within 2 business days.
- Start the lien action within 365 days of filing, then file the notice of the action within 30 days.
- Get the contractor’s sworn statement that subs and suppliers were paid before final payment, sale, or loan closing.
- Collect statutory-form lien waivers from each tier.
- Check the records for preliminary notices and liens before closing or disbursing.
- A Notice of Contest of Lien, served within 7 days of filing, limits the claimant to 60 days to sue.
Public projects: payment bonds
You can’t lien public property. On state and local jobs, your security is the contractor’s payment bond under the Georgia public works payment bonds: state projects under O.C.G.A. 13-10-60 et seq. and local government projects under O.C.G.A. 36-91-90 et seq..
- If the contractor complied with the Notice of Commencement rules, a claimant who contracts with a subcontractor (not the contractor) must give the contractor written notice. It is due within 30 days after the NOC is filed or 30 days after first delivery, whichever is later.
- If the contractor did not comply with the NOC rules, that claimant must give the contractor written notice within 90 days after last furnishing. The notice states the amount claimed and who you furnished to. Send it by registered or certified mail or statutory overnight delivery, or by sheriff service.
- No bond suit may be brought more than one year after completion of the contract and acceptance of the work by the public authority.
- Suit is brought in the claimant’s name. The public owner is not made a party.
O.C.G.A. 13-10-63, 13-10-65; 36-91-93, 36-91-95
Lien waivers
Yes. Georgia has statutory interim and final payment waiver forms. They must substantially follow the statutory language in at least 12-point font. Lien and bond rights cannot be waived before you furnish labor or materials. A waiver becomes effective on the earliest of actual payment, a separate written acknowledgment of payment, or 90 days after signing. To keep rights after signing a waiver without payment, file an Affidavit of Nonpayment in the county where the property is located within those 90 days. A filed affidavit suspends the waiver until payment in full. The 90-day period replaced a 60-day period under SB 315, effective January 1, 2021.
O.C.G.A. 44-14-366
Federal projects
The Miller Act governs federal jobs in every state. Second-tier claimants give written notice to the prime contractor within 90 days after last furnishing; suit within 1 year after last furnishing.
40 U.S.C. 3133
Read the Georgia law
We link to the official statute instead of hosting a copy, so you always read the current version. Our summaries were last checked against these sources on October 6, 2026.
Georgia services
Flat pricing per document. Premium members pay less on every filing.
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Basic Membership
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Premium Membership
Premium includes everything in Basic, plus discounted pricing across our service offerings. If you file notices or liens regularly, the savings can quickly cover the annual fee.
| Service | Premium | Basic |
|---|---|---|
| Request for Notice of Commencement | Starting at $35 | Starting at $60 |
| Notice to Contractor or Preliminary Notice of Lien Rights | Starting at $55 | Starting at $90 |
| Notice of intent to lien (optional demand) | Starting at $75 | Starting at $110 |
| Claim of lien: prepare, record and serve | Starting at $250 | Starting at $425 |
| Lien release / discharge | Starting at $110 | Starting at $165 |
| Public job bond notice or claim | Starting at $210 | Starting at $375 |
| Each additional bond notice | Starting at $75 | Starting at $110 |
| Miller Act bond notice or claim (federal jobs) | Starting at $195 | Starting at $350 |
| Title search and legal description | Starting at $300 | Starting at $350 |
| Rush service (within 7 business days) | Starting at $75 | Starting at $150 |
| Same-day service (24-hour turnaround) | Starting at $125 | Starting at $200 |
| Electronic recording (e-file) | Starting at $45 | Starting at $75 |
Prices are LienNow service fees per document. County recording fees, state registry or portal fees, certified mail, postage and notary fees are billed at cost. Court actions to enforce a lien are handled by an attorney and are not included.
Georgia lien questions
How long do I have to file a lien in Georgia?
The claim of lien must be filed within 90 days after you complete your work or furnish your materials. It is filed with the clerk of the superior court in the county where the property is located.
Do I need to send a Notice to Contractor?
Only if a Notice of Commencement is filed and you have no privity of contract with the prime contractor. Then the notice is due within 30 days after the NOC is filed or 30 days after your first delivery, whichever is later.
How long does a Georgia lien last?
You must start a lien action within 365 days from the date the lien was filed and file a notice of that action within 30 days after starting it. The lien expires 395 days after filing if no notice of the action is filed.
I signed a lien waiver but was not paid. What happens?
A statutory waiver becomes effective 90 days after signing unless you file an Affidavit of Nonpayment within that period in the county where the property is located.
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The information on this page is general information about Georgia law as of the review date shown. It is not legal advice, and LienNow is not a law firm. Deadlines depend on the facts of each project. Consult a licensed Georgia attorney about your specific situation.