Notice of Commencement
(Mechanic's Lien) (GA)

Summary

This notice of commencement may be used in Georgia by an owner of real property (or its agent or contractor) to file notice that work has commenced on the property. This template contains practical guidance and drafting notes. Georgia law requires that a notice of commencement be filed with the clerk of superior court of the county where the property is located no more than 15 days after work is physically commenced on the property. A copy of the NOC must be posted at the project site. In addition, a copy of the notice of commencement must be given to anyone who requests a copy within 10 calendar days of written request. See O.C.G.A. § 44-14-361.5. Properly filing and posting the notice of commencement creates a requirement that all potential lien claimants lacking privity of contract with the contractor deliver a written notice (referred to as the "notice to contractor") to the owner (or the owner's agent) and the contractor by the latter of: (1) 30 days after the filing of the notice of commencement or (2) 30 days after the potential claimant's first delivery of the labor, services, or material to the property. If a non-privity potential lien claimant fails to give the notice to contractor as required, its lien rights will be cut off and the claimant will lose the right to file a lien against the property. This allows the owner and contractor to identify all non-privity potential lien claimants with certainty. Failure to file the notice of commencement or post a copy of the notice of commencement at the property site releases the non-privity lien claimant from the notice to contractor requirement. Failing to provide a copy of the notice of commencement to a subcontractor, materialman, or other person after they make a written request for it renders the provisions of O.C.G.A. § 44-14-361.5 inapplicable to the requesting party and releases it from the notice to contractor requirement. There is no prescribed form for a notice of commencement in Georgia. For a full listing of key content covering mechanic's liens, see Mechanic's Lien Resource Kit.