Georgia Construction, Bond & Lien Law Blog

Georgia Court of Appeals Requires Strict Compliance of Supplier’s Notice to Owner/Notice to Contractor

Posted in Case Law,Current Legal Issues,Notice of Commencement,Notices to Owner (NTO's) by Administrator on the March 8th, 2010

Last month, the Georgia Court of Appeals handed down a decision that affects every third-tier subcontractor and supplier working on construction projects in Georgia.  In short, the court held that a supplier’s Notice to Owner/Notice to Contractor  which failed to include the subcontractor’s address and the location of the project  did not comply with statutory requirements of a Notice to Owner.  Thus, the supplier’s Notice was defective, and the supplier was barred from seeking payment under a payment bond and barred from filing a materialmen’s lien even though the  contractor and surety had actual knowledge of subcontractor’s address and location of project. See Consolidated Pipe & Supply Co., Inc. v. Genoa Const. Services, Inc., — S.E.2d —-, 2010 (WL 447011) Ga.App.,2010.

Thus, in order for a sub-contractor or supplier to preserve its right to file a materialmen’s lien or make a claim against a payment bond, it is essential that a proper Notice to Contractor and a proper Notice to Owner is given within thirty (30) days of the date the sub-contractor or supplier begins work on the project.

One Response to 'Georgia Court of Appeals Requires Strict Compliance of Supplier’s Notice to Owner/Notice to Contractor'

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  1. Dave Henry said,

    on March 10th, 2010 at 2:15 am

    Mark and his firm are excellent. I worked with them for several years and found their service to be the best in the business. They excel at doing the kind of things that bring in the money. His technical knowledge on the changing Lien laws is second to none.