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I am a restoration contractor (water mitigation) in Georgia- do I have to file the Notice of Commencement?

GeorgiaNotice of Commencement

I work in restoration in Georgia, specifically water mitigation. I know the Notice of Commencement is usually filed by the General Contractor or Property owner. Because I am hired directly by the property owner, does that mean I need to file the NOC if the owner does not? Or does it differ for restoration contractors?

1 reply

Sep 3, 2019

Georgia's Notice of Commencement requirements don't feature an exception or modification of duties based on the restoration work. As you mention above, though, a Notice of Commencement isn't solely the duty of the contractor - rather, it can be filed by the owner, their agent, or by the contractor. So, if they'd like a Notice of Commencement filed on the project, the owner is entitled to file one, themselves. Further, note that the Notice of Commencement document is designed to trigger preliminary notice requirements of sub-tier project participants. Meaning, the main purpose of Georgia's Notice of Commencement requirement is to allow/require subcontractors and suppliers to send preliminary notice to the owner and contractor. But, when there are no subcontractors on the job and few suppliers, filing a Notice of Commencement may not be as necessary or beneficial. Ultimately, though, it doesn't appear that there's any penalty for failing to file a Georgia Notice of Commencement. So, if a restoration contractor doesn't hire any subcontractors and stays up to date with their suppliers, presumably, deciding not to file a Notice of Commencement shouldn't really have any negative impact on the project. And, if an owner really wants one filed, they're entitled to file a Notice of Commencement themselves. For more discussion on Georgia's Notice of Commencement requirements, here's a great resource: Georgia Notice of Commencement FAQs & Guide.

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