Preliminary 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, LLC. Nor does FWM Software, LLC. 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.

Description: Notice to Contractor - Private Work

Scope: State of Georgia, Private Works

Time Constraints: Georgia requires strict compliance with their laws to enforce a lien claim.  A Georgia Notice to Contractor -Private Work MUST be served on the required parties within 30 days of the filing of the Notice of Commencement (see below) or the 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, registered mail, approved overnight service or certified mail.

Upon demand, the general contractor must provide you with a copy of the notice of commencement within 10 days of your demand, or the code section requiring preliminary notices is not applicable to your claim.

You may optionally file a Preliminary Notice of Lien Rights with the County Clerk's Office. This is highly recommended.  See Georgia Lien Warning Notice, Private Work, for more information.

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.

However, 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: Notice to Contractor - Private Work, exhibits A-D (if needed) and Owner Letter, if used.

Procedures: Enter the program data, including Additional Legal Parties or Releases for Other Companies. 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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