GEORGIA PRE-LIEN NOTICE

(NOTICE TO CONTRACTOR / NOTICE TO OWNER)

Prepared for use on construction projects governed by Georgia law

[// GUIDANCE: 1. This template is designed to satisfy Georgia’s “Notice to Contractor/Owner” requirements for parties not in direct privity with the Owner when a valid Notice of Commencement has been filed.
2. Review O.C.G.A. § 44-14-361.5 and the most current version of Georgia’s lien statutes before issuing the Notice. Statutory time periods are strictly enforced.
3. All bracketed text must be completed or deleted prior to service.
4. Serve by certified mail, statutory overnight delivery, or personal delivery within 30 days after (a) the Notice of Commencement is filed or (b) the Claimant first furnishes labor/materials—whichever is later. Retain proof of service.
5. If the Owner’s address appears on the Notice of Commencement, a copy must also be served on the Owner.
6. Failure to send this Notice timely and correctly may forfeit lien rights. ]

TABLE OF CONTENTS

I. Document Header
II. Definitions
III. Statutory Notice & Operative Provisions
IV. Representations & Warranties
V. Service & Delivery Certification
VI. Risk Allocation (Limited)
VII. General Provisions
VIII. Execution Block
Exhibit A – Proof of Service Log
Exhibit B – Copy of Notice of Commencement (If Available)

I. DOCUMENT HEADER

1. Pre-Lien Notice Effective Date: [DATE]

2. Parties
   2.1 “Claimant”: [CLAIMANT LEGAL NAME], a [STATE] [ENTITY TYPE], having its principal place of business at [ADDRESS], phone [PHONE], email [EMAIL].
   2.2 “Contractor”: [CONTRACTOR LEGAL NAME], address [ADDRESS], phone [PHONE].
   2.3 “Owner”: [OWNER LEGAL NAME], address [ADDRESS], phone [PHONE].

3. Project Information
   3.1 Project Name/Description: [PROJECT NAME]
   3.2 Physical Address / Legal Description: [PROJECT ADDRESS OR LEGAL DESCRIPTION]
   3.3 County: [COUNTY], State of Georgia

II. DEFINITIONS

For purposes of this Notice:

“Claimant” – The person or entity identified in Section I.2.1 asserting potential lien rights.
“Contract Amount” – The total value of labor, services, and/or materials the Claimant has furnished or will furnish, currently estimated at $[AMOUNT].
“First Furnishing Date” – The date on which the Claimant first supplied labor, services, or materials to the Project, being [DATE].
“Notice of Commencement” – The notice filed/posted by the Contractor or Owner for the Project on [FILING DATE], recorded at [BOOK/PAGE OR INSTRUMENT #] in [COUNTY] land records.
“Notice Deadline” – Thirty (30) calendar days after the later of (a) the filing date of the Notice of Commencement or (b) the First Furnishing Date.
“Statute” – Georgia’s Mechanics and Materialmen’s Lien statute, currently codified at O.C.G.A. § 44-14-361 et seq.

III. STATUTORY NOTICE & OPERATIVE PROVISIONS

1. Notice. Pursuant to the Statute, Claimant hereby gives notice to Contractor (and, if required, Owner) of Claimant’s participation in the Project and of Claimant’s potential lien rights in an amount up to the Contract Amount.

2. Description of Work/Materials. Claimant has furnished or will furnish the following to the Project:
   [BRIEF DESCRIPTION – e.g., “supply of structural steel and erection services”].

3. Contract Amount. The estimated total amount of Claimant’s contract, including approved extras and change orders, is $[AMOUNT].

4. Preservation of Lien Rights.
   4.1 This Notice is intended to satisfy all pre-lien notice requirements under the Statute so that Claimant may, if necessary, file and enforce a mechanic’s or materialman’s lien for the unpaid value of labor, services, or materials furnished.
   4.2 Nothing herein shall be construed as a waiver, release, or limitation of any other rights or remedies available to Claimant at law or in equity.

5. Payment Requests. Contractor is requested to make prompt payment for all certified amounts due to Claimant in accordance with the subcontract or supply agreement between the parties (if any).

IV. REPRESENTATIONS & WARRANTIES

1. Authority. The signatory for Claimant is duly authorized to execute and deliver this Notice.
2. Accuracy. The information provided herein is true and correct to the best of Claimant’s knowledge as of the Effective Date.
3. Reservation. Claimant expressly reserves the right to supplement, amend, or correct this Notice to the fullest extent permitted by law.

V. SERVICE & DELIVERY CERTIFICATION

1. Method of Service. This Notice (and any required copy to Owner) shall be served by:
   ☐ Certified Mail, Return Receipt Requested
   ☐ Statutory Overnight Delivery (e.g., FedEx Priority Overnight)
   ☐ Personal Delivery with affidavit of hand-delivery

2. Addresses for Service.
   • Contractor: [CONTRACTOR ADDRESS FROM SECTION I]
   • Owner: [OWNER ADDRESS FROM SECTION I] (if applicable)

3. Certification of Service. The undersigned certifies that a true and correct copy of this Notice was served on the above-referenced parties on [SERVICE DATE] by the method(s) indicated.

VI. RISK ALLOCATION (LIMITED)

1. Limitation of Liability. Claimant’s potential lien claim shall not exceed the lesser of (a) the unpaid balance due to Claimant for labor, services, and/or materials furnished, or (b) the reasonable value of such labor, services, and/or materials actually incorporated into the Project.

[// GUIDANCE: Additional risk-allocation terms (indemnity, insurance, force majeure, etc.) are generally not included in a statutory pre-lien notice and should be handled by separate contract documents if required.]

VII. GENERAL PROVISIONS

1. Governing Law; Forum. This Notice and any related lien-enforcement proceeding shall be governed by and construed in accordance with the laws of the State of Georgia. Exclusive venue shall lie in the state court(s) of the county where the Project is located.

2. No Waiver. Failure to strictly enforce any provision of this Notice shall not be deemed a waiver of Claimant’s right thereafter to enforce the same or any other provision.

3. Counterparts. This Notice may be executed in one or more counterparts, each of which shall be deemed an original.

4. Electronic Signatures. Signatures transmitted electronically (e.g., via PDF or secure digital signature platform) shall be deemed original and enforceable.

VIII. EXECUTION BLOCK

IN WITNESS WHEREOF, the undersigned Claimant has executed this Georgia Pre-Lien Notice effective as of the date first written above.

CLAIMANT:
[CLAIMANT LEGAL NAME]

By: _________
Name: [PRINTED NAME]
Title: [TITLE]
Date: [DATE]

[Corporate Seal, if applicable]

STATE OF ___ )
COUNTY OF ____ ) ss.:

On this ___ day of _, 20_, before me, the undersigned Notary Public, personally appeared ________, who proved to me on the basis of satisfactory evidence to be the person whose name is subscribed above and acknowledged that he/she executed the same in his/her authorized capacity.

Witness my hand and official seal.

Notary Public
My Commission Expires: _______

[// GUIDANCE: Notarization is recommended though not expressly required by statute; it strengthens evidentiary value in any later lien action.]

EXHIBIT A

PROOF OF SERVICE LOG

EXHIBIT B

COPY OF NOTICE OF COMMENCEMENT
[Attach if available for record proof.]

[// GUIDANCE: Keep all receipts, delivery confirmations, and a fully executed copy of this Notice with project records. Attach additional pages if needed for multiple owners or contractors.]