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State guide

Georgia mechanics lien and payment rules

As a subcontractor in Georgia, you have 90 days after your last day furnishing labor or materials to record a mechanics lien. Here are Georgia's notice, lien, bond claim, retainage and prompt payment rules in plain language, with the statutes and a worked example.

  • Reviewed
  • 4 statutes cited
  • Not legal advice

Georgia at a glance

Private commercial work, sub hired by the GC, unless noted
Preliminary notice (subs)
No general preliminary notice
Record the lien (subs)
90 days after your last day furnishing labor or materials
Sue to enforce
365 days after recording the lien
Public retainage cap
Up to 10%
Private retainage cap
Up to 10%
GC pays subs within
10 days of receiving payment From the private work rules.

Turn these rules into dates for your job, free in your browser.

Preliminary notices in Georgia

Georgia is one of the states with no general preliminary notice for subcontractors on commercial work in our summary. That doesn't mean you can skip paperwork: the lien itself still has a hard deadline, and the owner often learns about your claim only when the lien is recorded.

If you were hired by another subcontractor or supplier rather than the GC, add a notice to contractor within 30 days after your first day furnishing labor or materials, required only in some cases. Only when the owner files a notice of commencement; count from the later of that filing and your first work.

Lien filing deadline in Georgia

If the GC hired you, you have 90 days after your last day furnishing labor or materials to record a mechanics lien in Georgia, about the same as the national median of 90 days (counted from last furnishing on a sample job). 23 of the 51 jurisdictions we track use this same lien deadline, which makes it the most common rule.

Send a copy to the owner and GC within 2 business days of filing.

The clock starts on your last day furnishing labor or materials under your contract. In many states, warranty visits and punch list work done mainly to extend the deadline don't restart it, so use your last day of real contract work.

Deadline to sue on the lien

To keep the lien alive you must sue to enforce it within 365 days after recording the lien. If you record on the last possible day, that is about 455 days after your last day on the job, about 90 days longer than the national median of 365 days. 27 of the 48 jurisdictions we track have a shorter overall time to sue and 14 have a longer one.

Because the clock counts from recording, recording early also moves the lawsuit deadline earlier.

File a notice of action with the clerk within 30 days of starting suit.

How Georgia compares

Days are counted on a sample job with the lien recorded on its last allowed day, so states that count from recording or from completion can be compared with those that count from your last day on site. The median is across the jurisdictions with a dated rule on file.

Georgia deadlines vs the national median
Record the lien (from last day)
Georgia: 90 days
National median: 90 days
Sue to enforce (from last day)
Georgia: 455 days
National median: 365 days

Public and federal projects

Public property can't be liened. On state and local public work in Georgia, subcontractors and suppliers protect themselves with these payment bond steps instead:

Public work payment bond steps in Georgia
StepWhoDeadline
Notice to contractorSubcontractors and suppliers hired by another subcontractor or supplier30 days after your first day furnishing labor or materials
Notice of claim to the GCSubcontractors and suppliers hired by another subcontractor or supplier90 days after completion of the project (verify)
Payment bond lawsuitSubcontractors and suppliers12 months after completion of the project (verify)

Notice to contractor: when a notice of commencement is filed.

Notice of claim to the GC: counted from completion of the project.

Payment bond lawsuit: counted from completion and acceptance of the project.

Federal jobs in Georgia follow the Miller Act instead of state law: those hired by a sub or supplier give the prime contractor notice within 90 days of their last furnishing, and suit is due within 1 year, in federal court. Prime contractors on federal work have no lien or bond claim.

Retainage and prompt payment in Georgia

On public work the cap is 10%, above the 5% median of states that set one. Up to 10%; once 50% complete with satisfactory progress, no further retainage. It also steps down partway through the job, so check that your pay applications reduce retainage when the project reaches the threshold.

Private work has a cap too: 10%. Up to 10%, reduced once 50% is complete.

Once the GC is paid, it has 10 days on private work to pay its subs. Owner pays within 15 days of a pay request; GC pays subs within 10 days of receipt.

Late payments carry interest of 1% per month. That turns a slow payment into a number you can put in a demand letter.

Retainage and prompt payment in Georgia
Public workPrivate workFederal work
Retainage cap10%10%10%
ReleaseAfter substantial completion.After substantial completion.Released with final payment, or earlier once progress is satisfactory.
GC pays subs withinVerify10 days7 days
Late-payment interestVerify1% per month (12% a year)Treasury prompt payment rate (reset every January and July)

Not legal advice. Retainage and prompt payment rules differ by agency, contract size and contract date, and change often. Confirm the rules with the current statute, your contract and a construction attorney before relying on them.

Worked example: a steel sub in Georgia

A steel subcontractor hired by the GC on a private retail shell in Georgia starts work on March 2, 2026 and last furnishes on July 17, 2026. The project is completed on August 28, 2026. Run through Georgia's rules, those dates give:

Deadlines for the worked example in Georgia
DeadlineDateCounted from
Record the lien October 15, 2026 Last furnishing
Sue to enforce the lien October 15, 2027 Lien recording

The first deadline on the calendar is “Record the lien” on October 15, 2026.

Open the lien deadline calculator for Georgia and enter your own dates to get this table for your job, with countdowns and a PDF deadline calendar.

Check your own dates with the free tools

Statutes cited

  • O.C.G.A. §44-14-360 to -369
  • O.C.G.A. §13-10-60 to -65 (public bonds)
  • O.C.G.A. §13-10-80 (public)
  • O.C.G.A. §13-11-1 to -11 (private prompt pay)
  • Federal work in Georgia: 40 U.S.C. §3131 to §3134 (Miller Act)

Not legal advice. Lien and bond claim rules change and have exceptions for project type, contract terms and how notices are served. Confirm every deadline with the current statute or a construction attorney in the project's state before relying on it. Rules shown as "Verify with state statute" have exceptions or variations we could not reduce to one number.

Georgia lien and payment FAQs

How long do I have to file a mechanics lien in Georgia?

If you're a subcontractor or supplier hired by the GC, you have 90 days after your last day furnishing labor or materials. Send a copy to the owner and GC within 2 business days of filing. Check the exact date for your job with the free lien deadline calculator, and confirm it with the statute (O.C.G.A. §44-14-360 to -369).

Is a preliminary notice required in Georgia?

Our summary of Georgia's statute has no general preliminary notice for subcontractors on commercial work. Residential projects and specific project types can differ, so confirm with the statute.

How long is a mechanics lien valid in Georgia?

Unless you sue to enforce it within 365 days after recording the lien, the lien expires. File a notice of action with the clerk within 30 days of starting suit.

What is the maximum retainage in Georgia?

Up to 10% on public work (Up to 10%; once 50% complete with satisfactory progress, no further retainage). Up to 10% on private work (Up to 10%, reduced once 50% is complete).

How fast must a general contractor pay subcontractors in Georgia?

Owner pays within 15 days of a pay request; GC pays subs within 10 days of receipt. Late payments carry interest of 1% per month.

Can I file a lien on a public project in Georgia?

No, but you can claim against the payment bond: notice to contractor, 30 days after your first day furnishing labor or materials; notice of claim to the GC, 90 days after completion of the project; payment bond lawsuit, 12 months after completion of the project.

Neighboring states

Working across the state line? Rules change at the border, even on the same kind of job.

Same lien deadline (90 days): Connecticut , Delaware , Idaho , Indiana .