We Want to Resolve Your Legal Issues as Quickly and Efficiently as Possible
Defenses Lien Claims
Assistance to Defenses
Notice of Commencement
Lien waivers (preliminary and final)
Defenses
Lien form correct
Proper notice given
Proper entities names in the lien
Timely filing of claim
Tenant/landlord – build out scenarios
Bonding off the lien
Make certain the action is filed within one year of filing the lien
Residency status (non-resident contractor bond) O.C.G.A. 48-13-31 et seq.
Defense on the merits
Notice of Commencement on Private and Public Projects
The name, address and telephone number of the contractor
The name and location of project, including street address and legal description
The name and address of the legal owner of record of the property on which the improvements are occurring
The name and address of the company, entity or person at whose instance the improvements are being made, if this entity is not the true owner
The name and address of the construction lender (if there is one)
The name and address of the holder of any security deposit (if there is one)
If on a Public Project
The name, address and telephone number of the contractor
The name and location of project, including street address and legal description
Name and address of public body doing the work name and address of any surety providing the performance/payment bonds
Name and address of the holder of any security deposit (if there is one)
The notice of commencement must be posted at the project site and filed with the clerk of the Superior Court of the County wherein the property is located within fifteen days after the contractor physically commences work on a project whether public or private. The contractor must give a copy of the notice of commencement to any party making a written request for the notice within ten days of the contractor’s receipt of the request. Failure to provide a copy relieves the requesting party from the requirement to provide a notice to contractor. These notice requirements do not apply to federal projects and the Miller Act.