Information From the Notice to Contractor Statute

If you do not work directly for the owner or the general contractor, you must investigate if the owner or general contractor has filed a notice of commencement concerning the work on the project. If a notice of commencement has been filed, then within 30 days following the first delivery or work, you must send a statutory notice to contractor to preserve your right to later file a lien. The notice to contractor must be sent by registered or certified mail or by statutory overnight courier by the due date and delivery is not required.

The notice to contractor must be sent to the owner and to the contractor and identify the project based upon the information that is set forth in the notice of commencement. If the notice to contractor does not use the correct information or is not sent by the required service methods to the correct addresses any subsequently filed lien may be invalid.

Request for a copy of the Notice of Commencement

The Georgia lien statute provides for a procedure for you to obtain a copy of the notice of commencement that is necessary to properly prepare and serve a notice to contractor. Within 10 days of its receipt of a written request the contractor is required to give you a copy of the notice of commencement. If you do not receive the notice of commencement in response to your request within the statutory 10-day period, then you are no longer subject to the defense to your lien that you failed to properly provide the notice to contractor.

Rachelson & White

A Professional Corporation

Three Ravinia Drive, Suite 450
Atlanta, GA 30346-2131
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Phone: (770) 698-0700 | Fax: (770) 698-0071
E Mail: info@r-wpc.com

Rachelson & White, P.C., located in Atlanta, represents businesses and individual clients in areas such as College Park, Redan, North Atlanta, Smyrna, Mableton, Sandy Springs, Roswell, Marietta, Alpharetta, Cumberland, Fulton County, DeKalb County, Cobb County, and throughout the State of Georgia.