(See Editor's notes.) Notice of Commencement

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  7. (See Editor's notes.) Notice of Commencement

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  1. The contractor furnishing the payment bond or security deposit shall post on the public works construction site and file with the clerk of the superior court in the county in which the site is located a notice of commencement no later than 15 days after the contractor physically commences work on the project and supply a copy of the notice of commencement to any subcontractor, materialman, or person who makes a written request of the contractor. Failure to supply a copy of the notice of commencement within ten calendar days of receipt of the written request from such subcontractor, materialman, or person shall render the provisions of paragraph (1) of subsection (a) of Code Section 13-10-63 inapplicable to such subcontractor, materialman, or person making the request. The notice of commencement shall include:
    1. The name, address, and telephone number of the contractor;
    2. The name and location of the public work being constructed or a general description of the improvement;
    3. The name and address of the state or the agency or authority of the state that is contracting for the public works construction;
    4. The name and address of the surety for the performance and payment bonds, if any; and
    5. The name and address of the holder of the security deposit provided, if any.
  2. The failure to file a notice of commencement shall render the notice to the contractor requirements of paragraph (2) of subsection (a) of Code Section 13-10-63 inapplicable.
  3. The clerk of the superior court shall file the notice of commencement within the records of that office and maintain an index separate from other real estate records or an index with the preliminary notices specified in subsection (a) of Code Section 44-14-361.3. Each such notice of commencement shall be indexed under the name of the state and the name of the contractor as contained in the notice of commencement.

(Code 1981, §13-10-62, enacted by Ga. L. 2001, p. 820, § 1; Ga. L. 2013, p. 628, § 3/SB 179.)

The 2013 amendment, effective May 6, 2013, substituted "paragraph (2)" for "paragraph (1)" in subsection (b).

For application of this statute in 2020, see Executive Orders 06.11.20.01, 06.29.20.02, 07.15.20.01, 07.31.20.02, 08.15.20.01, and 08.31.20.02.

A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders.


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