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Step 1: Notice
  • No notice is required if there is a direct contractual relationship with the general Contractor.
  • Request Notice of Commencement from the Owner prior to furnishing.
  • If the owner, agent of the owner, or general contractor files a Notice of Commencement within 15 days of beginning the project, a lien claimant must serve notice to the owner and contractor within 30 days of first furnishing.

Caution: See WAIVER section for important statute detail within 45 days of signing a Waiver/Release when payment has not been received. Case law (September 2019) ALA Construction Services, LLC v. Controlled AccessInc.  impacts right to breach of contract against your customer.

Prior to 12/31/20: Affidavits of Non-Payment filed within 60 days of execution when payment is not received. 

New statute 1/1/21: Affidavits of Non-Payment filed within 90 days of execution when payment is not received.


Step 2: Bond Claim
  • Serve notice to the contractor and bonding company of claim within 90 days after labor or materials were last furnished.
Step 3:Suit Against Bond
  • Suit must be filed no sooner than 90 days from last date upon which labor or materials were furnished, and no later than 1 year after completion of the contract and acceptance of the work by the public authority.

Bond Bits

  • Amount of Bond: 100% of contract price.
  • Contracts less than $100,000 are excluded from bond requirements, $50,00 for GA, DOT projects.