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Is a notice of commencement and/ or preliminary notice necessary before filing a lien?

GeorgiaNotice of CommencementPreliminary Notice

We have recently began using Levelset and we were told that notice of commencement is only to protect the general contractor from the supply company or sub contractor from also filing a lien, but because we know that it will not be a situation for us it is not required in our case. We want to make sure that we aren't missing any necessary steps to secure that a lien can be filed. Please note that this situation pertains to jobs in GA and SC.

2 replies

Feb 7, 2022
In Georgia, if you have a contract with the GC no preliminary notice is required. In South Carolina, you must send a notice of furnishing labor or materials, but there is no stringent time deadline for that notice. In both states your claim of lien must be recorded within 90 days after your last day of providing labor or materials for the project. I hope this helps clarify.
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Feb 7, 2022

Yes, it helps! What if the 90 days is approaching soon. Am I able to simply send out the preliminary notice and intent to lien one after another with no specific time in between?

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