Warning: All information contained within this
data base is subject to change at any time by the various states
and is not guaranteed in any way by Lienwriter.com, LLC. Nor
does Lienwriter.com, LLC. assume any liability or responsibility
for it's content. Please use in conjunction with advice from
your attorney.
Note: This information is limited in scope and
applies only to this document. Please see the general information,
all forms memo, and the general information memo for this type
of document, for additional information.
Document Title: Request for Notice of Commencement
Scope: State of Georgia, Private Works
Special Note: The March 31, 2009 law changes have
not effected your right to make this demand! The owner is required
by Georgia law to record A Notice of Commencement containing
all of the legal information for the job, and must furnish all
suppliers and contractors with a copy of the Notice of Commencement
within 10 days of their demand. This demand can be used before
sending a Notice to Contractor.
Time Constraints: Send immediately at the start
of your project. If the demand copy is not returned the owner
and contractor cannot assert protections against your claim
as the pre-1993 lien statute still applies. However with the
addition of the new law (2009) do not delay in filing your Notice
to Contractor.
To use in the program, check the checkbox Do Georgia
Notice of Commencement Request First, found on the Project Page
(it will appear as soon as you enter ‘GA’ in the state field),
and print your preliminary notice run as normal. After the Request
prints, the box will automatically uncheck for your Notice to
Contractor runs later.
Copies should be sent by certified mail or personal
service to the owner. Service on the general contractors or
your customer is optional.
Information Requests: The information required
by the program.
Form Types: Request for Notice of Commencement,
Exhibits A-D, if needed.
Procedures: Enter the program data, including
Additional Legal Parties or Releases for Other Companies. Copies
of all of the forms should be send to the owner and surety,
if known. Other parties are optional.
Georgia
Preliminary Notice-Private Work
Warning: All information contained within this
data base is subject to change at any time by the various states
and is not guaranteed in any way by Lienwriter.com, LLC. Nor
does Lienwriter.com, LLC. assume any liability or responsibility
for it's content. Please use in conjunction with advice from
your attorney.
Note: This information is limited in scope and
applies only to this document. Please see the general information,
all forms memo, and the general information memo for this type
of document, for additional information.
Description: Notice to Contractor - Private Work
Scope: State of Georgia, Private Works
Time Constraints: Georgia requires strict compliance
with their laws to enforce a lien claim. A Georgia Notice to
Contractor -Private Work MUST be served on the required parties
within 30 days of the filing of the Notice of Commencement (see
below) or the first furnishing of labor, materials or services,
whichever is later. Serve the owners and general contractors
(and, optionally, sureties, if they exist) by personal service,
registered mail, approved overnight service or certified mail.
Upon demand, the general contractor must provide
you with a copy of the notice of commencement within 10 days
of your demand, or the code section requiring preliminary notices
is not applicable to your claim.
You may optionally file a Preliminary Notice of
Lien Rights with the County Clerk's Office. This is highly recommended.
See Georgia Lien Warning Notice, Private Work, for more information.
Special Note: The owner or general contractor
is required to file a Notice of Commencement within 30 days
of starting any project and must present a copy of that notice
to any subcontractor, material man or other person making a
request for a copy of said notice within 10 days of the request.
Failure to provide the requested Notice of Commencement renders
the Preliminary Notice requirements on the requesting party
inapplicable.
However, we strongly urge you to serve the required
parties with a preliminary notice whether you have received
a copy of the Notice of Commencement or not. With the notice
served there is no doubt of your establishment of lien rights.
Information Requirements: The information required
by the program and whether you intend to send an owner cover
letter.
Form Types: Notice to Contractor - Private Work,
exhibits A-D (if needed) and Owner Letter, if used.
Procedures: Enter the program data, including
Additional Legal Parties or Releases for Other Companies. You
must send copies of all of the forms (less the Owner Cover Letter)
to all legal owners and all general contractors (optionally
to all lenders and all sureties) within the time constraints
listed above. If you are supplying a sub-contractor of the project
he must also receive a copy of the notice.
When in doubt, file your lien claim immediately.
