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Several GEORGIA notices updated for March 31, 2009 law change

The GEORGIA State Legislature passed several changes in state lien laws and corresponding notices that take effect on March 31, 2009. PreLien2Lien has been updated as follows:

1. The Print Menu explanation and Lien Reminder text has been changed from 3 months to 90 days for the filing deadline for a GA Claim Of Lien after the last day equipment, labor, materials or services are provided for a project.

2. The Print Menu explanation and Lien Reminder text has been changed to reflect that a GA Claim Of Lien must be sent to the property Owner by personal delivery or certified mail within 2 business days of the GA Claim Of Lien being recored.

3. The Print Menu explanation and Lien Reminder text has been changed to reflect that a GA Claim Of Lien must be foreclosed upon within 365 days after the GA Claim Of Lien is recorded. The old deadline used to be 12 months after the date the GA Claim Of Lien was due.

4. The Waiver And Release forms were all changed to 12 pt. bold face fonts with capital letters.

5. Both the Interim and Final lien waivers become unconditional and binding 60 days after the date of the waiver, even if a payment bounces or is not received as promised. The only recourse is the timely recording of Notice Of Nonpayment.

6. The word “Unconditional” was required to be removed from the final lien waiver.

7. Lien waiver now include the release of future bond rights in addition to lien rights.

8. The Notice Of Nonpayment was also required to be changed to 12 pt. bold face fonts with capital letters. Additionally, statuatory language in the notice was required to be changed.

9. The GA Claim Of Lien must include new statuatory language in 12 pt. bold face fonts regarding the statuatory deadline to foreclose on a lien. Additionally, statutory language must also be included that advises the property Owner of the right to file a Notice Of Contest Of Lien.

10. March 31, 2009 is the first day all the changes take effect. All old notices and corresponding legal requirements and deadlines remain in effect until March 30, 2009.

I am sure that there are well thought out intentions that make these changes beneficial for both contractors and property owners. I do have to question the excessive legislation on type fonts and bolding. While a legal document should certainly be legible to read, it should also be a professional legal document on the merit of its content, not the format in which in appears.

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