How do I send a copy of an NOC to Subs who request it? Does it have to be certified mail?
1 reply
Mar 10, 2020
The Georgia Notice of Commencement (NOC) is regulated by Ga. Code §44-14-362.5. Under this statute, GA law requires that: "The contractor shall be required to give a copy of the Notice of Commencement to any subcontractor, materialman, or person who makes a written request of the contractor. Failure to gove a copy of the Notice of Commencement within ten calendar days of receipt of the written request.... shall render the provisions of this Code inapplicable..." The statute doesn't specify exactly how a copy is supposed to be sent.
However, this provision is contained in the same statute as the preliminary notice (Notice to Contractor) requirements. The very next section provides the methods for sending the preliminary notice; which is by registered or certified mail or statutory overnight delivery.
Therefore, it may be wise to send the copy by one of these methods, just to be safe.
Here are some additional resources on the subject: