Lien

4 weeks ago
State: Georgia

Someone just contested my lien and is saying I didn’t provide them a notice of commencement is that required in Georgia

Additional info about this contractor
Project Role: General Contractor
Project Type: Residential
Attorney and Owner The Storrs Law Firm
28 reviews

The Georgia statute, section 44-14-361.5, provides that “not later than 15 days after the contractor physically commences work on the property, a Notice of Commencement shall be filed by the owner, the agent of the owner, or by the contractor with the clerk of the superior court in the county in which the project is located.”

The owner is just as responsible as the contractor to record the notice of commencement.

The absence of a notice of commencement does not provide grounds for the owner to dispute the contractor’s lien, so the notice of contest does not set up a valid defense. However, you should take action within 60 days to preserve your rights.

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