File Commencement Forms
Georgia Construction Law
Georgia has a statutory scheme for providing notices on construction projects, and this scheme applies to private projects as well as to public works projects of the state and municipal governments. When all of the parties meet their statutory obligations, Georgia’s notice provisions help to avoid payment and communication problems between owners and general contractors and those down-stream. Project owners or general contractors begin the statutory compliance process by filing a Notice of Commencement within fifteen (15) days of the start of the project. A valid Notice of Commencement limits the materialmen’s lien and payment bond rights of sub-subcontractors and material suppliers to those third-tier entities who have given a written notice of furnishing. Notices of Commencement also help identify potential lien or payment bond claimants and allows owners and prime contractors the opportunity to seek lien waivers and releases. In general, it promotes communication which helps everybody on the project!
When Georgia’s statutory scheme was amended to include these construction notice provisions, the Cobb Law Group was one of the first law firms in the state to offer filing services to our clients; we have led training seminars for our clients to educate their staffs about Notices of Commencement, Notices to Owners & Contractors, and preservation of mechanics and materialmen’s lien rights and payment bond rights in Georgia.
Generally, we recommend that project developers and general contractors file a Notice of Commencement on every Georgia construction project on which they are involved, and they can trust in the experience and professionalism offered by our construction law attorneys and staff if they need assistance preparing or filing a Notice. As many of our existing clients know, the Cobb Law Group offers traditional legal services through its two offices, and we also offer “limited” representation services (sometimes referred to as a la carte legal services) through our Virtual Law Firm to those clients who know their specific needs and are willing to do some of the leg work themselves in exchange for a lower cost. In fact, we offer Georgia Notice of Commencement preparation and filing through our Virtual Law Firm which saves our clients time and money–the best thing is clients can purchase and submit information from the convenience of their computer 24 hours a day! Please click here > > to get started………
Of course, if you have any questions regarding filing Notices of Commencement in Georgia or if you prefer to work with our construction lawyers directly, please contact the Cobb Law Group or call us at 770-886-5890 today!
Frequently Asked Questions:
Who is Responsible for Having a Notice of Commencement Filed in Georgia?
Typically, the project owner, the project developer, the construction lender or the prime contractor is responsible for making certain that a Notice of Commencement is properly prepared and filed.
When is a Notice of Commencement Filed?
According to the Georgia statutes governing the filing of Notices of Commencement, they are to be filed within 15 days of the start of the project.
Are the Same Notices of Commencement Used for All Projects?
No, there are different requirements for a Notice of Commencement used on a privately owned construction project than on a public works projects. For example, private projects need to include an accurate metes-and-bounds legal description as a part of their Notice; whereas, public works projects do not need to include a legal description.
What is a Notice to Owner in Georgia?
A Notice to Owner (“NTO”) and a Notice to Contractor (which are sometimes called Notices of Furnishing) are written notices given to the owner and the contractor by a third-tier subcontractor or material supplier. They are only required IF a Notice of Commencement has been filed.
How Do I File A Notice of Commencement?
In order to take advantage of Georgia’s statutory construction notice scheme, you must prepare and file a valid Notice of Commencement. For cost-savings and convenience, clients of the Cobb Law Group may purchase Notices through the Georgia Construction Law Virtual Law Firm; if you prefer traditional legal representation, please contact us via email or by calling us at 770-886-5890 today!
Contact an Experienced Georgia Construction Lawyer