Assistance to Defenses

Notice of Commencement
Lien waivers (preliminary and final)

Defenses

Lien form correct

Proper notice given

Proper entities names in the lien

Timely filing of claim

Tenant/landlord - build out scenarios

Bonding off the lien

Make certain the action is filed within one year of last supplying labor or materials not filing the lien.

Residency status (non-resident contractor bond) O.C.G.A. 48-13-31 et seq.

Defense on the merits

Notice of Commencement on Private and Public Projects

A notice of commencement filed by a contractor will provide protection against those second tier subcontractors/materialmen who fail to send the correct notice to the contractor. The notice should set forth:

The name, address and telephone number of the contractor

The name and location of project, including street address and legal description

The name and address of the legal owner of record of the property on which the improvements are occurring

The name and address of the company, entity or person at whose instance the improvements are being made, if this entity is not the true owner

The name and address of the construction lender (if there is one)

The name and address of the holder of any security deposit (if there is one)

If on a public project

The name, address and telephone number of the contractor

The name and location of project, including street address and legal description

Name and address of public body doing the work

Name and address of any surety providing the performance/payment bonds

Name and address of the holder of any security deposit (if there is one)

The notice of commencement must be posted at the project site and filed with the clerk of the Superior Court of the County wherein the property is located within fifteen days after the contractor physically commences work on a project whether public or private. The contractor must give a copy of the notice of commencement to any party making a written request for the notice within ten days of the contractor's receipt of the request. Failure to provide a copy relieves the requesting party from the requirement to provide a notice to contractor. These notice requirements do not apply to federal projects and the Miller Act.

Bond Claims

Assistance to Defenses

Notice of Commencement

Defenses

Proper notices to contractor and surety

Timely notice

Notice to contractor if required

Timely filing of action

Defense on the merits