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Home>Levelset Community>Legal Help>Am I correct in believing that we can go ahead and file the liens in absence of a NTC because we do have privity with th

Am I correct in believing that we can go ahead and file the liens in absence of a NTC because we do have privity with th

GeorgiaCredit ManagementLien DeadlinesLien WaiversMechanics LienNotice of Commencement

I represent a steel supplier for a project in south Georgia. This is a big project with many subs, my client being one of them. There is a major dispute with the GC over alleged chargebacks and unpaid invoices. We are still within the 90 day time frame to file liens on the property. However, a Notice to Contractor was not sent by my client. A NOC was provided late but it is not signed by the clerk of court. I am verifying whether or not it was ever filed. One point: 1. We do have privity of contract, a direct contract with the GC. It appears that although best practice would have been to send a NTC, it is not required by Georgia law because of the existence of the contract that we have with the GC. Question: Am I correct in believing that we can go ahead and file the liens in absence of a NTC because we do have privity, directly contracted with, the GC? Kevin

2 replies

Jul 1, 2020
Yes, you are correct. Because the subcontractor has privity of contract with the GC, a notice to contractor is not required. One cautionary note: if you have sign an lien waivers and not been paid, you should be sure to file your lien within 60 days of the execution of the lien release. Also, due to an upcoming amendment to the lien law, I suggest including an Affidavit of Nonpayment with your filing.
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Jul 1, 2020
You indicate that you represent a steel supplier. What is your role? If a sub has a direct contract with the GC, the NTC is not required as a condition to the right to file a lien.
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