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The Georgia Notice form serves as a crucial document in the construction process, ensuring that all parties involved are informed about the commencement of improvements on real property. This form is typically filed by the owner, contractor, or their agent, and it outlines essential details about the project, including the contractor's contact information, the project's location, and the legal description of the property. Additionally, it identifies the true owner of the property and any other parties involved, such as construction lenders and sureties for performance and payment bonds. Timeliness is key, as the notice must be filed within fifteen days of the contractor beginning work. Furthermore, the contractor is responsible for providing copies of the notice to subcontractors or material suppliers upon request, reinforcing transparency and communication among all parties. This document not only serves as a formal declaration of the project's initiation but also helps protect the rights of those involved in the construction process.

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Prepared by, recording requested by and return to:

Name ______________________

Company _____________________

Address __________________________

City ____________________

State _____________

Zip _________________

Phone ____________________

------------------------------------Above this line for Official Use Only -----------------------------------

NOTICE OF COMMENCEMENT - INDIVIDUAL

STATE OF GEORGIA

COUNTY OF ____________________

BE IT KNOWN THAT ____________________________________, as () Owner ()

Contractor or () Agent of Owner, files this NOTICE OF COMMENCEMENT of the improvement of real property as described below, and upon being duly sworn states on his or his oath as follows:

1.The name, address, and telephone number of the contractor is

______________________________________

______________________________________

______________________________________

______________________________________

2.The name and location of the project being constructed is:

______________________________________________

______________________________________________

______________________________________________

______________________________________________

3.The legal description of the property upon which the improvements are being made is:

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

4.The property upon which improvements are being made is located in the

_____________________ County, Georgia.

5.The name and address of the true owner of the property is:

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__________________________________________________________________

__________________________________________________________________

_________________________________________________________________.

6.The name and address of the person other than the owner at whose instance the improvements are being made, if not the true owner of the property is:

_________________________________________________________________.

7.The name and the address of the surety for the performance and payment bonds, if any are:

__________________________________________________________________

__________________________________________________________________

8.The name and address of the construction lender, if any, is:

__________________________________________________________________

_________________________________________________________________.

9.This Notice is filed within fifteen 15 days after the contractor physically commenced work on the property.

WITNESS my signature on this the _____ day of ____________________, 20_____.

____________________________________

Signature

Print Name: _________________________

Sworn to and executed in the presence of:

__________________________

Witness

Sworn to (or affirmed) and subscribed before me this ____ day of __________ (month),

__________ (year), by _______________________ (name of person making statement).

_______ Personally Known

_______ Produced Identification

Type and # of ID __________________________

____________________________

(Signature of Notary) - 2 -

(Seal)

_____________________________

 

(Name of Notary Typed, Stamped or Printed)

 

Notary Public, State of Georgia

 

My Commission Expires: ______________

Reference

44-14-361.5.

Notes:

The contractor shall be required to give a copy of the Notice of Commencement to any subcontractor, materialman, or person who makes a written request of the contractor. Failure to give a copy of the Notice of Commencement within ten calendar days of receipt of the written request from the subcontractor, materialman, or person shall render the provision of this Code section inapplicable to the subcontractor, materialman, or person making the request.

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Form Specifications

Fact Name Fact Description
Purpose The Georgia Notice of Commencement serves to officially notify relevant parties about the commencement of construction on a property.
Filing Deadline This notice must be filed within fifteen (15) days after the contractor physically begins work on the property.
Owner Notification The contractor is required to provide a copy of the Notice of Commencement to any subcontractor, materialman, or person who requests it in writing.
Governing Law The Notice of Commencement is governed by Georgia Code § 44-14-361.5.

Georgia Notice: Usage Guidelines

Completing the Georgia Notice form is a straightforward process that requires specific information about the construction project and the parties involved. Once the form is filled out, it must be filed within a designated time frame to ensure compliance with state regulations.

  1. Prepare the Header: Fill in the name, company, address, city, state, zip code, and phone number in the designated spaces at the top of the form.
  2. Official Use Section: Leave the section labeled "Above this line for Official Use Only" blank, as it is reserved for official use.
  3. Owner, Contractor, or Agent: Indicate whether you are the owner, contractor, or agent by checking the appropriate box.
  4. Contractor Information: Provide the name, address, and telephone number of the contractor in the specified fields.
  5. Project Location: Enter the name and location of the project being constructed.
  6. Legal Description: Write the legal description of the property where the improvements are being made.
  7. County Information: State the county in Georgia where the property is located.
  8. Property Owner: Fill in the name and address of the true owner of the property.
  9. Other Party Information: If applicable, provide the name and address of any other person requesting the improvements who is not the true owner.
  10. Surety Information: If there is a surety for performance and payment bonds, include the name and address here.
  11. Construction Lender: If applicable, provide the name and address of the construction lender.
  12. Signature and Date: Sign and date the form, ensuring to fill in the day and month.
  13. Notary Section: Have the form notarized by a notary public, who will fill in their signature, name, and commission expiration date.

Your Questions, Answered

What is the purpose of the Georgia Notice form?

The Georgia Notice form serves as an official declaration of the commencement of construction or improvement on a property. This document is crucial for ensuring that all parties involved in a construction project, including contractors, subcontractors, and suppliers, are informed about the project. By filing this notice, the owner or contractor protects their rights and establishes a timeline for potential lien claims. It helps create transparency and accountability among all stakeholders involved in the construction process.

Who is required to file the Georgia Notice form?

What information must be included in the Georgia Notice form?

The Georgia Notice form requires several key pieces of information to be complete and effective. This includes the names and addresses of the contractor and the property owner, the legal description of the property, and details about the project being constructed. Additionally, the form asks for information regarding any surety bonds and the construction lender, if applicable. Providing accurate and comprehensive information ensures that all parties have a clear understanding of the project and its stakeholders.

What happens if the Georgia Notice form is not filed?

If the Georgia Notice form is not filed within the required timeframe, it can lead to complications for the contractor, subcontractors, and suppliers. Specifically, failure to provide the notice may result in the inability to enforce certain rights under Georgia's lien laws. This could mean that subcontractors and material suppliers may not be able to claim a lien against the property for unpaid work or materials. Thus, timely filing is essential to protect the interests of everyone involved in the construction project.

Common mistakes

  1. Failing to provide complete information in the Owner, Contractor, or Agent section. It is essential to clearly indicate the role of the person filing the notice. Incomplete designations can lead to confusion about responsibilities.

  2. Not including the legal description of the property. This is a critical component that helps identify the specific location of the improvements. Omitting this information may delay processing or lead to legal issues.

  3. Submitting the notice after the 15-day deadline. The form must be filed within fifteen days of the contractor starting work. Missing this deadline can impact the rights of the parties involved.

  4. Neglecting to provide the contact information for the construction lender or surety. This information is vital for anyone needing to verify financial backing or ensure payment security.

  5. Not having the document properly witnessed and notarized. The signature must be witnessed and notarized to ensure its validity. Failure to do so may render the notice ineffective.

Documents used along the form

The Georgia Notice form is an important document in the construction process, ensuring that all parties involved are aware of the commencement of work on a property. Alongside this form, several other documents are often utilized to facilitate smooth project management and compliance with state regulations. Below is a list of related forms and documents that may be required.

  • Notice to Proceed: This document is issued by the owner or contractor to formally authorize the start of construction work. It outlines the project's timeline and expectations, ensuring that all parties are aligned before work begins.
  • Contractor’s Affidavit: This affidavit confirms that the contractor has complied with all legal requirements and has paid all subcontractors and suppliers. It serves as a declaration of good faith and financial responsibility.
  • Lien Waiver: A lien waiver is a document from a contractor or subcontractor stating they have been paid for their work and waive any future lien rights against the property. This protects the property owner from potential claims after payment is made.
  • Change Order: A change order is a written agreement between the owner and contractor that modifies the original construction contract. It may involve changes in scope, cost, or schedule and must be documented to avoid disputes.
  • Final Inspection Report: This report is generated after the completion of the project and confirms that all work has been completed according to the specifications and codes. It is often required before final payment is made.
  • Certificate of Occupancy: Issued by the local government, this certificate confirms that a building is safe for occupancy and complies with all building codes and regulations. It is essential for legal use of the property.

Understanding these forms and documents can help ensure a successful construction project. Each plays a critical role in protecting the interests of all parties involved and maintaining compliance with legal requirements. Proper management of these documents can lead to a smoother process and minimize potential disputes.

Similar forms

The Georgia Notice form shares similarities with several other important documents used in construction and property improvement. Here’s a breakdown of those documents:

  • Notice of Intent to Lien: This document informs property owners that a contractor or supplier intends to file a lien against the property if payment is not received. Like the Georgia Notice, it establishes a formal communication regarding property improvements.
  • Notice of Completion: This document is filed after the work is finished. It notifies relevant parties that the construction is complete, similar to how the Georgia Notice announces the start of work.
  • Mechanic's Lien: This is a legal claim against a property for unpaid work or materials. It relates to the Georgia Notice by ensuring that contractors and suppliers can secure their rights to payment for their services.
  • Subcontractor Agreement: This document outlines the terms between a contractor and a subcontractor. It is similar to the Georgia Notice as both documents involve the roles and responsibilities of parties involved in a construction project.
  • Construction Contract: This is a formal agreement between the property owner and the contractor. Like the Georgia Notice, it details the scope of work and establishes the relationship between the parties.
  • Change Order: This document is used to modify the original construction contract. It relates to the Georgia Notice by documenting changes that may affect the project timeline or costs.

Dos and Don'ts

When filling out the Georgia Notice form, it's important to follow certain guidelines to ensure accuracy and compliance. Here are four things you should and shouldn't do:

  • Do double-check all information for accuracy before submitting the form.
  • Do ensure that the form is signed in front of a notary public.
  • Don't leave any required fields blank; fill in all necessary information.
  • Don't forget to provide copies of the Notice of Commencement to relevant parties upon request.

Misconceptions

The Georgia Notice form is an essential document in the construction process, but several misconceptions can lead to confusion. Here are nine common misunderstandings about this form:

  1. It is only for contractors. Many believe that only contractors need to file the Notice of Commencement. In fact, property owners and their agents also have the responsibility to file this notice.
  2. Filing is optional. Some think that submitting the Notice of Commencement is optional. However, it is a legal requirement in Georgia that must be completed within a specific timeframe.
  3. It can be filed anytime. There is a misconception that the Notice can be filed at any point during the construction process. It must be filed within 15 days of the contractor physically starting work.
  4. Only one form is needed for multiple projects. Some individuals believe that a single Notice of Commencement can cover multiple construction projects. Each project requires its own separate notice.
  5. Notarization is not necessary. Many assume that notarizing the form is not required. In reality, the signature on the notice must be sworn before a notary public.
  6. The notice is only for the owner. There is a belief that the notice only serves the interests of the property owner. In truth, it protects the rights of contractors, subcontractors, and suppliers by providing public notice of the project.
  7. It is not necessary to provide copies. Some think that once the notice is filed, there is no need to share it. However, contractors are required to provide a copy to any subcontractor or materialman who requests one.
  8. Failure to file has no consequences. Many believe that not filing the notice will not affect the project. This is incorrect, as failing to file can jeopardize the ability to enforce lien rights.
  9. All information is optional. Some individuals may think that they can leave out certain details on the form. However, all requested information must be accurately completed to ensure compliance with the law.

Understanding these misconceptions can help ensure that all parties involved in a construction project are properly informed and compliant with Georgia's legal requirements.

Key takeaways

Filling out and utilizing the Georgia Notice form is a crucial step in the construction process. Here are some key takeaways to consider:

  • Accurate Information is Essential: Ensure that all details, including names, addresses, and project descriptions, are filled out accurately. Mistakes can lead to complications down the line.
  • Timely Filing: The Notice of Commencement must be filed within fifteen days after the contractor begins work. Missing this deadline can affect your legal standing.
  • Multiple Roles: The form allows for different roles, such as Owner, Contractor, or Agent of Owner. Clearly indicate your role to avoid confusion.
  • Notification Requirements: Contractors must provide a copy of the Notice of Commencement to any subcontractor or materialman upon request. Failure to do so within ten days can invalidate certain legal protections.
  • Legal Description: Include a precise legal description of the property. This information is critical for identifying the location of the improvements.
  • Notarization is Required: The form must be sworn and notarized. Ensure that you have a notary present when signing to validate the document.

By keeping these points in mind, individuals and contractors can navigate the process of using the Georgia Notice form more effectively, ensuring compliance and protecting their rights in construction projects.