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Should I resend a Preliminary Lien Notice that I sent to our GC but did not include the name of the Joint Venture?

GeorgiaPreliminary Notice

We are a material supplier that has a contact with a GC that we have done business with in the past but the new project is a joint venture and the address for the joint venture is the same as our GC

1 reply

Feb 16, 2022

It's important to include correct information in preliminary notices. Because Georgia is a state that requires a Notice of Commencement filing, subcontractors should typically just use the information listed on that Notice of Commencement to ensure that the correct info is used. In any event - ensuring that correct info is used on notices is a key part of the lien rights management process.

When the hiring party's information isn't exactly correct on the notice, that could potentially cause a problem. That said, if the error is obvious and all recipients can easily understand what company is being referenced as the hiring party - it's possible the error might not be a huge issue (as long as no one was prejudiced by the error). Still - it's generally best not to roll the dice.

If you're considering sending an amended or additional preliminary notice, it might be worth looking at the prelim deadline first. If the to send a prelim deadline hasn't passed, then there shouldn't be much risk in sending another prelim. However, if the deadline to send the prelim has already passed, then sending an updated or amended prelim could arguably affect the timeliness of the notice. More on GA's preliminary notice deadline here: Georgia Preliminary Notice FAQs.

While I'm not able to give a simple "yes or no," one of these GA construction lawyers might be able to provide you with that clarity: Top Georgia Construction Lawyers.

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