Hi! We are a paving subcontractor in Georgia. We are working in a subdivision with different phases and contracts. We filed a Preliminary Notice of Lien Rights for Phase 1. The builder was unable to complete house closings due to the Preliminary Notice. We got paid and released the notice. We are now working on Phase 2, which is a separate contract, but the same subdivision, and want to file a new Preliminary Notice of Lien Rights for Phase II. However, we don't want to interfere with the house closings in Phase 1. What can we do to protect ourselves? Thank you!
A Preliminary Notice of Lien Rights is not a required filing in Georgia to preserve lien rights so you do not have to file it. However, if a Notice of Commencement has been filed, and you do not have a direct contract with the owner or the general contractor, then you must send a Notice to Contractor within 30 days of starting work. You can ask the GC for a copy of any Notice of Commencement that has been filed as the GC is supposed to keep a copy at the project site. It's not a bad idea to get in the habit of always sending a Notice to Contractor on every project as there is no repurcussion if it is not required.
Thank you!!!!