Georgia Senate - 1995/1996 Sessions

SB 50 - Liens of Persons W/Out Privity of Contract - commencement notices

Page Numbers - 1/ 2

1. Langford  29th


Senate Comm: S Judy     /         House Comm: Judy       /                      
Senate Vote: Yeas 51    Nays 1                                                  
           ---------------------------------------------                        
              Senate          Action          House                             
           ---------------------------------------------                        
             1/11/95   Read 1st time          1/30/95                           
             1/25/95   Favorably Reported     2/21/95                           
             1/26/95   Read 2nd Time          1/31/95                           
             1/27/95   Read 3rd Time          3/13/95                           
             1/27/95   Passed/Adopted         3/13/95                           
             3/24/95   Sent To Governor                                         
             4/18/95   Signed by Governor                                       
             342       Act/Veto Number                                          
             7/1/95    Effective Date                                           
           ---------------------------------------------                        
                                                                                
Code Sections amended: 44-14-361.5                                              


SB 50 95                                          LC 21 2996

      SENATE BILL 50

      By:  Senator Langford of the 29th


                        A BILL TO BE ENTITLED
                               AN ACT


  1- 1  To amend Code Section 44-14-361.5 of the Official Code of
  1- 2  Georgia Annotated, relating to liens of persons without
  1- 3  privity of contract, so as to change the provisions relating
  1- 4  to who shall be required to give a copy of a notice of
  1- 5  commencement to a subcontractor, materialman, or person who
  1- 6  makes a written request for such notice; to provide that
  1- 7  such notice shall be given by the contractor; to repeal
  1- 8  conflicting laws; and for other purposes.

  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

                         SECTION 1.

  1-10  Code Section 44-14-361.5 of the Official Code of Georgia
  1-11  Annotated, relating to liens of persons without privity of
  1-12  contract, is amended by striking subsection (b) and
  1-13  inserting in lieu thereof a new subsection (b) to read as
  1-14  follows:

  1-15    "(b) Not later than 15 days after the contractor
  1-16    physically commences work on the property, a Notice of
  1-17    Commencement shall be filed by the owner, the agent of the
  1-18    owner, or by the contractor with the clerk of the superior
  1-19    court in the county in which the project is located.  A
  1-20    copy of the Notice of Commencement shall be posted on the
  1-21    project site.  The Notice of Commencement shall include:

  1-22      (1) The name, address, and telephone number of the
  1-23      contractor;

  1-24      (2) The name and location of the project being
  1-25      constructed and the legal description of the property
  1-26      upon which the improvements are being made;

  1-27      (3) The name and address of the true owner of the
  1-28      property;

  1-29      (4) The name and address of the person other than the
  1-30      owner at whose instance the improvements are being made,
  1-31      if not the true owner of the property;


                              S. B. 50
                                 -1- (Index)

                                                  LC 21 2996

  2- 1      (5) The name and the address of the surety for the
  2- 2      performance and payment bonds, if any; and

  2- 3      (6) The name and address of the construction lender, if
  2- 4      any.

  2- 5    The owner, the agent of the owner, or the contractor shall
  2- 6    be required to give a copy of the Notice of Commencement
  2- 7    to any subcontractor, materialman, or person who makes a
  2- 8    written request of the owner, the agent of the owner, or
  2- 9    the contractor.  Failure to give a copy of the Notice of
  2-10    Commencement within ten calendar days of receipt of the
  2-11    written request from the subcontractor, materialman, or
  2-12    person shall render the provision of this Code section
  2-13    inapplicable to the subcontractor, materialman, or person
  2-14    making the request."

                         SECTION 2.

  2-15  All laws and parts of laws in conflict with this Act are
  2-16  repealed.




























                              S. B. 50
                                 -2- (Index)