Georgia Lien Law Summary (Public)

NOTICE REQUIREMENTS

Prime Contractors:    The contractor furnishing the payment bond or security deposit on a state project must file with the Superior Court clerk, in the county where the project is located, a Notice of Commencement within 15 days after physically commencing work on the project.    A copy of this notice must be supplied to any subcontractor, materialman, or person who makes a written request to the contractor.

Those Not in Contract with Prime Contractor or Public Agency: If a Notice of Commencement was properly filed by the prime contractor, sub-subs and suppliers not in contract with the prime contractor or public agency must give written Notice to the Contractor within 30 days of First Furnishing Labor and/or Materials to the project.

THE PUBLIC LIEN CLAIM

• Public claims of mechanic’s lien are claims against a payment bond or security deposit.    These claims are made under Georgia’s “Little Miller Act.”

• All lawsuits against the payment bond or security deposit must be brought within 1 year from completion of the contract and the acceptance of the public works construction by the proper public authorities.

• Deadline to Make Claim Against Payment Bond: Not required if you contracted with prime contractor. If contracted with sub contractor, you have within 90 days from when you last furnished materials or supplies.

• Deadline to File Action to Enforce Claim against Payment Bond: 1 year from completion of contract and acceptance of public works construction by public authority

RESOURCES

Posts on Construction Lien Blog about Alabama Mechanic’s Liens and Notices