Georgia

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COMMERCIAL:

  • Upfront Notice:
    • Notice to Contractor: Required within 30 days of first delivery.
      • BICA sends a combination notice that includes both the:
        1. Request for Notice of Commencement. A Notice of Commencement is required to be filed by the owner.  It provides the correct names and addresses for the Notice to Contractor.
        2. The Notice to Contractor itself, using the data we’ve been able to discover so far. This is done to make sure your legal requirement of filing this notice is fulfilled in case the Notice of Commencement is never returned to us or is late.
        3. If the Notice of Commencement is returned to BICA, we re-verify all information on the job and if needed, resend the Notice to Contractor.
        4. This notice is not required if working directly with the General Contractor
    • (Optional) Preliminary Notice of Lien Rights
      • Must be filed within 30 days of first delivery with office of the clerk of the superior court of the county where the job is located.
        • A copy is required to be sent to the owner or contractor within 7 days of filing.
      • Prevents losing your lien rights if the General Contractor issues an unconditional affidavit releasing all lien rights (and stating all parties and claims have been paid) in exchange for final payment from the owner.
      • This notice is available on the BICA member portal.
      • If this notice is filed, it must be cancelled upon receiving final payment by either giving the owner a “Final Waiver and Release Upon Final Payment” or filing a “Cancellation of Preliminary Notice of Lien Rights Upon Final Payment” with the County Clerk.
  • Follow-up Notice: There is no statutory follow-up notice.

RESIDENTIAL:

  • Same handlings as for Commercial jobs.

PUBLIC:

  • Upfront Notice:
    • Notice to Contractor: Required within 30 days after first delivery.
    • BICA sends a combination notice that includes both the:
      1. Request for Notice of Commencement. A Notice of Commencement is required to be filed by the owner.  It provides the correct names and addresses for the Notice to Contractor.
      2. The Notice to Contractor itself, using the data we’ve been able to discover so far. This is done to make sure your legal requirement of filing this notice is fulfilled in case the Notice of Commencement is never returned to us or is late.
    • If the Notice of Commencement is returned to BICA, we re-verify all information on the job and if needed, resend the Notice to Contractor.
    • Not required if working directly with the General Contractor
  • Follow-up Notices (if not paid):
    • 90-Day Notice to Contractor
      • Required to be sent to the principal contractor within 90 days of last delivery.
      • This notice is available on the BICA member portal.