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Should you send a notices of rights even though is late or the time has expired for it?

Georgia

I started using levelset a few weeks back and the projects that were already started have all expired deadlines for the notices of rights. Should I still send them even though they are months or weeks late?

5 replies

May 27, 2021

What exactly are you referring to? I don't want to come across as being too picky but under Georgia lien law there are no "notices of rights." There is a Notice to Contractor, which may apply to this situation. And there is a "Preliminary Notice of Lien," which exists but has no time restrictions for filing and is really unnecessary.

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May 27, 2021
Hi Mark, Level set tells me that there is a "Notice of Lien Rights 30 day date" That it was due 4 months ago and it has expired. That project started about 4 months ago but I only started using Levelset about 1 month ago. In this case should I go ahead and file it?
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May 27, 2021

Not sure what Levelset sent, but it might be this: If a Notice of Commencement is filed for a project, then second tier subcontractors and below must send a "Notice to Contractor" within 30 days of commencing work in order to preserve lien rights. If there is no Notice to Contractor filed, then there is no requirement to send the Notice to Contractor.

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May 27, 2021

Therefore, us being the Subcontractor hired by the General contractor most definetly should send it regardless of it being expired or four months late, correct?

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May 27, 2021

If you are a subcontractor to the general contractor, then you are a first tier subcontractor and even if the Notice of Commencement is filed you do not have to send the Notice to Contractor. Your only filing timeline is that you must file the lien within 90 days of the last date you performed/supplied contract labor/materials.  

For future projects, it's not a bad idea to get in the habit of sending a Notice to Contractor under Georgia law so you don't have to worry if you're in compliance or not. If it's not required, then there is no harm done.

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