Georgia Notice of Commencement — Filing Guide & Form (2026)
✓ Verified against Georgia statutes · Reviewed August 2026 · By Michael Evan — Founder · 50 states · 799 rules
Georgia mechanics lien deadlines at a glance
Preliminary Notice
30 days after NOC — Notice to Contractor
Mechanics Lien
90 days — From last date of furnishing
Enforcement
1 year — From filing
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Who Files the Georgia NOC
The contractor (not the owner) files the Notice of Commencement under O.C.G.A. § 44-14-361.5. This is a structural difference from Florida, where the owner files. The contractor with the direct contract with the owner has the statutory duty, and the contractor bears the consequence if the Notice is not timely filed and posted. Subcontractors, suppliers, and owners do not file the Georgia NOC.
When the Georgia NOC Must Be Filed
Within 15 days after the contractor physically commences work on the project. The 15-day clock runs from physical commencement — typically site clearing, mobilization, or first delivery of materials to the jobsite. The contractor must also post a copy of the Notice at the project site. Both filing and posting are required for the Notice to be effective.
Required Information on the Georgia NOC
O.C.G.A. § 44-14-361.5(c) requires the Notice to identify the legal description of the property, the property's street address, the name and address of the true owner, the name and address of the contractor, the name and address of the lender (if any), the name and address of the surety on any payment bond, and the name and address of the person designated to receive Notices to Contractor.
Where to File and Filing Fees
File with the clerk of superior court in the Georgia county where the real property is located. Georgia has 159 counties — major filing offices include Fulton (Atlanta), DeKalb, Cobb (Marietta), Gwinnett (Lawrenceville), Chatham (Savannah), and Richmond (Augusta). Filing fees under O.C.G.A. § 15-6-77 typically run $25 for the first page and $2 per additional page, plus a small cross-reference and indexing fee.
Consequences of Failing to File
Under O.C.G.A. § 44-14-361.5(d), if the contractor fails to timely file and post the NOC, the contractor cannot rely on the Notice-to-Contractor procedure to limit lien claims. Subcontractors and suppliers who would otherwise need to serve a 30-day Notice to Contractor are relieved of that obligation — meaning lien rights for downstream parties are preserved automatically. The penalty falls entirely on the contractor.
Connection to the 30-day Notice to Contractor
When a valid NOC is on file, subcontractors, sub-subcontractors, and material suppliers without a direct contract with the contractor must serve a Notice to Contractor under § 44-14-361.5(b) within 30 days of first delivering labor or material. The recorded NOC identifies the addresses to serve. Failure to serve the Notice to Contractor within 30 days extinguishes lien rights for those downstream parties.
Frequently Asked Questions
Who files the Georgia Notice of Commencement?
The contractor (not the owner) files the NOC under O.C.G.A. § 44-14-361.5. The contractor must record it with the clerk of superior court in the Georgia county where the property sits within 15 days of physical commencement, and post a copy at the jobsite.
When must the Georgia NOC be filed?
Within 15 days after the contractor physically commences work. Filing the NOC late, or not at all, eliminates the Notice-to-Contractor procedure for the entire project — meaning subs and suppliers can preserve lien rights without serving any 30-day notice.
What information is required on the Georgia NOC?
§ 44-14-361.5(c) requires legal description, street address, true owner name and address, contractor name and address, lender name and address, surety name and address (if any), and the person designated to receive Notices to Contractor.
Where do I file a Georgia NOC?
File with the clerk of superior court in the Georgia county where the property is located. Georgia has 159 counties — major filing offices include Fulton (Atlanta), DeKalb, Cobb, Gwinnett, Chatham (Savannah), and Richmond (Augusta). Filing fees run roughly $25 first page and $2 per additional page under O.C.G.A. § 15-6-77.
What happens if a Georgia contractor does not file an NOC?
Under § 44-14-361.5(d), the contractor loses the Notice-to-Contractor protection. Subs and suppliers can preserve lien rights without giving any 30-day notice. The penalty falls entirely on the contractor — sub-tier lien rights are preserved automatically.
How does the Georgia NOC connect to the Notice to Contractor?
When a valid NOC is on file, subs and suppliers without a direct contract with the contractor must serve a Notice to Contractor within 30 days of first furnishing under § 44-14-361.5(b). The recorded NOC tells them whom to serve. Without an NOC, the 30-day notice is not required.