Some states require that capability lien claimants serve a be aware of the reason to Lien on of the actual property wherein the lien is probably placed previous to the filing of the lien. Georgia does no longer have this prerequisite, however, so a Georgia lien claimant may exercising a choice to serve the mission proprietor with an earlier note.
Many customers ask about Georgia’s phrase of motive to report Lien requirements, and they are continually surprised to pay attention the quick solution that Georgia doesn’t require any kind of observe of reason to file Lien. However, the longer solution can also offer some useful perception for a lien claimant getting the coins they may be owed.
In Georgia, a look at of purpose to report Lien is not the subsequent:First, a word of intent to document Lien isn't always similar to a word to owner or phrase to Contractor (on occasion referred to as a word of Furnishing). So you can take advantage of Georgia’s lien statutes, positive subcontractors and providers are required to ship a observe to proprietor/phrase to Contractor inside the first 30 days that they start operating or providing to the development assignment. Accordingly, it is crucial to recognize the difference between a word of reason to report Lien and a have a look at to proprietor.
Similarly, a observe of rationale to report Lien is not an initial Lien. The Georgia Mechanics and Materialmen’s Lien Act consists of a phase on a Notices of preliminary Lien. A preliminary lien isn't always a claim of Lien underneath Georgia regulation; as an alternative, it is an optionally available tool used by subcontractors and providers to defeat contractor affidavits and placed the proprietor on word that the capability lien claimant is performing paintings or offering materials to the venture.
In some states, a word of reason to document Lien is a prerequisite to submitting an action lien claim. In Georgia, however, capability lien claimants do no longer want to ship a phrase of reason to record earlier than filing an introduction lien, save you be aware or growing a bond claim.
What Use does a be aware of purpose to Lien have in Georgia?
As stated above, a few states have particular requirements concerning the timing and use a phrase of cause to record Lien; for the purpose that Georgia does not currently have this requirement, we have the option of using it to help our clients get their bills more speedy and lots less expensively.
Thinking about Georgia does no longer have a demand that lien claimants send a study of cause to Lien prior to submitting their claim of lien with the clerk of court docket, the venture owner or the overall contractor might not be aware of any downstream feed problems until they get hold of a word that alien has filed. Accountable task owners and popular contractors often involve themselves straight away upon their receipt of a duplicate of the lien; this, of the path, can bring about the spark off the price. Imagine, but, if the lien claimant had shipped a be aware to the challenge owner, the general contractor, the surety and exceptionally concerned parties preceding to submitting the lien. This could offer accountable task builders and contractors the ability to involve themselves in the fee problems and, possibly, bring about a activate charge to the capacity lien claimant.
The use of the form of being aware–a (unofficial) observe of motive to document Lien–may be correctly used to inform the one's events upstream of a subcontractor payment problem without the rate and rate of having ready and submitting a material men's lien.
Moreover, due to the truth that Georgia has no statutory requirement for a motive to Lien, meaning that the sort of letter may be custom designed to reflect such records due to the fact the capability lien claimant wishes to encourage voluntary price by means of the owner or contractor. For example, a number of the attention which we've sent on behalf of clients may be very succinct and to the factor. For example, it's far in a position to say:
ABC SUB-SUBCONTRACTOR has become engaged via ABC SUBCONTRACTOR to perform artwork at the today's venture located in your metropolis, GEORGIA; thus far, ABC SUB-SUBCONTRACTOR is owed $_____ for its artwork. Until price in full is received interior five (five) employer days, then a note is hereby for the purpose that ABC SUB-SUBCONTRACTING will record a lien against said task pursuant to the Georgia Mechanics and Materialmen’s Lien Act.
In different conditions, it could be beneficial to provide greater info, encompass copies of such files as:
- splendid pay apps
- the sub-subcontract
- specific truth situations
- a duplicate of the lien to be filed if the charge isn't drawing close
Also, every so often getting a be conscious from a subcontractor on an attorney’s letterhead may want to make a contemporary contractor or proprietor pay a piece more attention to the state of affairs. For this reason, it is often recommended that a lien claimant sends a be privy to motive to Lien in Georgia as long as there can be time to prepare and ship the attention without lacking the last date to record the lien.