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