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Georgia Notice of Commencement

Provides the owner some protection against construction liens. 

A Notice of Commencement is often used to identify potential lien claimants who are not in privity with the owner or contractor. The owner (or contractor) may record a Notice of Commencement within 15 days of the first day of work in the county where the construction project is located.

If the owner records a Notice of Commencement, subcontractors and material suppliers who do not file a Notice to Owner/Contractor will lose their lien rights.

Do subcontractors and material suppliers need a Notice of Commencement?

While these groups may not necessarily need to file a Notice of Commencement, it's in their best interest to get a copy. 

Again, if the owner has recorded a Notice of Commencement, the subcontractor or material supplier must file a Notice to Owner/Contractor in order to preserve their lien rights.

Therefore, a subcontractor or material supplier should ask in writing for the owner or general contractor to send a copy of the Notice of Commencement (if there is one). They're legally required to submit a copy within 10 days. That way, a subcontractor will know whether to file a Notice to Owner.

Georgia's construction lien law is complex and cannot be covered completely in this section. We recommend that whenever a specific problem arises you consult an attorney.

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