I did a job in Georgia church for a GC what do i file started 3 weeks ago a preliminary notice?
1 reply
Dec 18, 2019
Georgia Preliminary Notices
The Georgia preliminary noticescheme is a bit complicated and could involve more than one depending on a few different circumstances. Let's dive deeper into each.
Notice to Contractor
As a general rule, a Notice to Contractor isn't required to secure mechanics lien rights; although we always recommend sending one whether they are required or not. However, you may have to send this notice if you (a) did not contract directly with the owner or GC, and (b) a Notice of Commencement is filed on the project. If both of these circumstances exist, then the Notice to Owner must be sent to the owner and the GC within 30 days of the first day of furnishing labor or materials to the project.
A second notice can be used as well, this is known as a Notice of Lien Rights. This type of notice should actually be filed with the county clerk's office where the property is located, and a copy should be sent to both the owner and the GC. This is required to be filed within 30 days of delivery of any labor or materials. But best practice is to file as early as possible. The copies must be sent within 7 days of filing.
This is a safe move to protect against the general contractor dissolving your lien rights. Georgia lawprovides that if the GC executes a sworn affidavit stating that all subs have been paid and lien waivers have been collected, mechanics lien rights will no longer be applicable. Unless of course, a Notice of Lien Rights has been properly recorded.
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