Lien deadline extension or Notice of Commencement Extension

2 weeks ago

We are the General Contractor on a Commercial project in GA. Due to water damage caused by another contractor on the site (not our project), we had to demobilize until the water intrusion work is completed by the other GC. What do we need to do to ensure we have lien rights and that the Notice of Commencement extends to cover the not yet disclosed revised completion date. Should our subs be instructed to refile any notice of furnishing, etc.?

Senior Legal Associate Levelset

Unlike some other states, including Florida, it doesn’t appear that Georgia Notices of Commencement expire after some set timeframe. So, even if there’s a serious delay or even pause on the project, there’s generally no need to reinstate or refile a GA Notice of Commencement and preliminary notices.

Granted, if the project’s original Notice of Commencement were released or terminated, then it’d likely be necessary to file a new one when work resumed, and thus additional preliminary notices would likely be necessary. But, that’d likely require some active effort to cancel out the originally filed Notice of Commencement.

For more information on Georgia Notices of Commencement:

– Georgia Notice of Commencement – What Information Is Essential?
– Georgia Notice of Commencement FAQs & Guide

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