Lien Warning Notice-Private Work

Warning: All information contained within this data base is subject to change at any time by the various states and is not guaranteed in any way by FWM Software. Nor does FWM Software assume any liability or responsibility for it's content. Please use in conjunction with advice from your attorney.

Note: This information is limited in scope and applies only to this document. Please see the general information, all forms memo, and the general information memo for this type of document, for additional information.

Document Title: Affidavit of Nonpayment and Preliminary Notice of Lien Rights

Scope: State of Georgia, Private Works

Time Constraints: Warning:  Unless you are contracting directly with the owner or general contractor, a Georgia Notice to Contractor -Private Work must have been served on the required parties within 30 days of the filing of the Notice of Commencement (see below) or your first furnishing of labor, materials or services, whichever is later. Serve the owners and general contractors (and, optionally, sureties, if they exist) by personal service or certified mail.

After the Notice to Contractor, you may optionally file a Preliminary Notice of Lien Rights with the County Clerk's Office. While it is not required, it is strongly recommended. In the event that you have to file a Mechanic’s Lien Claim, and you have not filed your Preliminary Notice of Lien Rights with the County Clerk's Office, the Prime Contractor or Owner can temporarily block your lien by filing their own affidavit stating that the lien claimant (you) has been paid or has waived his lien rights, forcing you to go to a court hearing to re-establish your lien rights.

In addition, if you have given waivers and releases out on your job where funds were never tendered for the waiver, you must file an Affidavit of Nonpayment within 60 days of the issuing of the waiver.  This documents prints out at the same as the Preliminary Notice of Rights as these are actions often taken together.

Special Note: The owner or general contractor is required to file a Notice of Commencement within 30 days of starting any project and must present a copy of that notice to any subcontractor, material man or other person making a request for a copy of said notice within 10 days of the request. Failure to provide the requested Notice of Commencement renders the Preliminary Notice requirements on the requesting party inapplicable.

Warning: If after you have filed a Preliminary Notice of lien rights with the County Clerk's Office, the prime contractor or owner of the project can demands that you immediately file a claim of lien. You must do so within 10 days of the demand or your Preliminary Notice of lien rights filing with the clerk's office is dissolved (See the Georgia Bond or Lien Claim, Private Works, memo for more information). We strongly urge you to serve the required parties with a preliminary notice whether you have received a copy of the Notice of Commencement or not. With the notice served there is no doubt of your establishment of lien rights.

Information Requirements: The information required by the program and whether you intend to send an owner cover letter.

Form Types: Preliminary Notice of Lien Rights and Affidavit of Nonpayment, exhibits A-D (if needed) and Owner Letter, if used.

Procedures: Enter the program data, including Additional Legal Parties or Releases for Other Companies. After filing these documents  with the County Recorder’s Office.  You must send copies of all of the forms (less the Owner Cover Letter) to all legal owners and all general contractors (optionally to all lenders and all sureties) within the time constraints listed above. If you are supplying a sub-contractor of the project he must also receive a copy of the notice.

When in doubt, file your lien claim immediately.

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