GEORGIA

MICROSOFT® Word™ Individual Notice Solutions

Notice To Contractor – Private Project

GEORGIA Code Annotated § 44-14-361.5(c) mandates that a Notice to Contractor must be mailed (Certified Mail highly recommended) or personally delivered by the Subcontractor to the Owner and the Prime/General Contractor within 30 days of the filing of a Notice of Commencement or the first day of delivery of materials or beginning labor at a property. It is advisable that along with the Owner and the Prime/General Contractor any other legal parties related to the improvement of the property (Customer, Lender and other legal parties) get sent the Notice to Contractor.

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Interim Waiver And Release Upon Payment

GEORGIA Code Annotated § 44-14-366(c) mandates that a Interim Waiver And Release Upon Payment be used when a partial payment – not the final payment – is promised, or more preferably, received and deposited. If a Claim Of LIen is to be filed later, lien rights can only be for equipment, labor, materials or services provided after the date specified on an Interim Waiver And Release Upon Payment. If payment is not received, or a check received bounces, then within thirty (30) days of executing the Interim Waiver And Release Upon Payment an Affidavit Of Nonpayment needs to be filed with the Clerk Of The Superior Court in the county where the project is located.

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Unconditional Waiver And Release Upon Final Payment

GEORGIA Code Annotated § 44-14-366(d) mandates that a Unconditional Waiver And Release Upon Final Payment be used when a final payment is promised, or more preferably, received and deposited. If payment is not received, or a check received bounces, then within thirty (30) days of executing the Unconditional Waiver And Release Upon Final Payment an Affidavit Of Nonpayment needs to be filed with the Clerk Of The Superior Court in the county where the project is located.

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Affidavit Of Nonpayment

GEORGIA Code Annotated § 44-14-366 mandates that if a payment in exchange for an Unconditional Waiver And Release Upon Final Payment or Interim Waiver And Release Upon Payment is not received or bounces, an Affidavit Of Nonpayment should be filed within thirty (30) days of executing the original notice. It needs to be filed with the Clerk Of The Superior Court in the county where the project is located.

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Preliminary Notice Of Lien Rights

GEORGIA Code Annotated § 44-14-361.3(a) mandates that within thirty (30) days of providing equipment labor, materials or services a Subcontractor may file a Preliminary Notice Of Lien Rights with the Clerk Of The Superior Court in the county where the project is located. Recorded copies of the notice need to be sent by registered mail within seven (7) days of filing the notice to the legal parties related to the improvement of the property (Customer, Lender, Owner, General/Prime Contractor).

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Claim Of Lien

GEORGIA Code Annotated § 44-14-361.1(a) mandates that a Claim Of Lien must be recorded within three (3) months after providing equipment, labor, materials or services by a contractor, subcontractor, materialman, manufacturer, registered architect, registered professional engineer, or other person at the Office Of The Superior Court Of The County where the project is located. Copies of the recorded lien than should be delivered immediately by Certified Mail or personal delivery to the legal parties for the project (Customer, Owner, Lender/Surety, General/Prime Contractor).

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DISCLAIMER: In no event shall TRADITION SOFTWARE, INC. be liable to anyone for any problem, claim or loss arising out of the purchase and subsequent use of the State notices produced by MICROSOFT® Word™ and PreLien2Lien that are available for purchase on this website. TRADITION SOFTWARE, INC. is not engaged in practicing law nor does TRADITION SOFTWARE, INC. provide legal advice.