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Common mistakes

  1. Incomplete Information: Failing to fill in all required fields, such as the name and address of the person providing labor, services, or materials, can lead to delays or rejections.

  2. Incorrect Dates: Not filing the Notice within the required 30-day period from the Notice of Commencement or the first delivery can invalidate the claim.

  3. Missing Signatures: Omitting the signature of the person filing the Notice can render the document invalid.

  4. Failure to Notify: Not properly notifying the owner or contractor as specified can lead to disputes and complications.

  5. Incorrect Project Information: Providing inaccurate details about the project name or location can create confusion and weaken the claim.

  6. Inadequate Description: Not clearly describing the labor, services, or materials being provided can lead to misunderstandings about the claim.

  7. Not Keeping Copies: Failing to keep copies of the filed Notice and proof of service can make it difficult to provide evidence if disputes arise.

Essential Points on This Form

What is the purpose of the Notice To Owner Georgia form?

The Notice To Owner Georgia form serves as a formal notification to property owners and contractors regarding individuals or entities providing labor, services, or materials for a construction project. This document is particularly important for those who do not have a direct contract with the property owner or contractor. By filing this notice, the provider asserts their right to a lien on the property, ensuring they can seek payment for their contributions to the project. It helps protect the rights of subcontractors and suppliers, promoting transparency and accountability in construction projects.

Who needs to file the Notice To Owner?

When must the Notice To Owner be filed?

What information is required on the Notice To Owner form?

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Notice To Owner Georgia Sample

Prepared by, recording requested by and return to:

Name ______________________

Address _________________________

City _________________________

State _____________

Zip _____________

Phone ______________________

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

NOTICE TO OWNER AND CONTRACTOR - INDIVIDUAL STATE OF GEORGIA

COUNTY OF ____________________

BE IT KNOWN THAT _____________________________________________, a person

having a right to a lien on the property described below who does not have privity of contract with the contractor and is providing labor, services, or materials for the improvement of property, files this NOTICE TO OWNER and CONTRACTOR and upon being duly sworn states on his or his oath as follows:

1.This Notice is given to the owner or the agent of the owner and to the contractor at the addresses set forth in the Notice of Commencement.

2.The name, address, and telephone number of the person providing labor, services, or materials and filing this Notice is:

_________________________________________

_________________________________________

_________________________________________

3.The name and address of each person at whose instance the labor, services, or materials are being furnished:

_________________________________________

_________________________________________

_________________________________________

_________________________________________

_________________________________________

_________________________________________

4.The name of the project and location of the project set forth in the Notice of Commencement is:

- 1 -

__________________________________________________________________

__________________________________________________________________

_________________________________________________________________.

5.A description of the labor, services, or materials being provided and, if known, the contract price or anticipated value of the labor, services, or materials to be provided or the amount claimed to be due, if any, is:

__________________________________________________________________

__________________________________________________________________

_________________________________________________________________.

6.This Notice is filed within 30 days from the filing of the Notice of Commencement or 30 days following the first delivery of labor, services, or materials to the property, whichever is later.

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

____________________________________

Signature

Print Name: _________________________

AFFIDAVIT OF SERVICE

State of ________________

County of ____________________

I, ________________________________, hereby certify that I have this date sent a true and

correct copy of this ______________________________________ by personal service or by

U.S. mail, return receipt requested, in accordance with law, to the owner or the agent of the owner and the contractor at the addresses set forth in the Notice of Commencement, which the names and addresses are as follows:

__________________________________

__________________________________

__________________________________

__________________________________

DATED this the ______ day of __________________, 20______.

_____________________________

Signature

_____________________________

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Type or 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)

(Seal)

_____________________________

(Name of Notary Typed, Stamped or Printed) Notary Public, State of Georgia

My Commission Expires: ______________

Reference

44-14-361.5.

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Key takeaways

When filling out and using the Notice To Owner Georgia form, there are several important points to keep in mind. Here are ten key takeaways:

  1. Purpose of the Form: This form serves to notify property owners and contractors about individuals providing labor, services, or materials who do not have a direct contract with the contractor.
  2. Timeliness: Submit the Notice within 30 days from the filing of the Notice of Commencement or within 30 days after the first delivery of services or materials, whichever is later.
  3. Accurate Information: Ensure that all names, addresses, and contact information are filled out correctly to avoid any issues with notification.
  4. Project Details: Clearly state the name and location of the project as described in the Notice of Commencement.
  5. Description of Work: Provide a detailed description of the labor, services, or materials being supplied, including any known contract price or claimed amount due.
  6. Signature Requirement: The form must be signed by the individual filing the notice, affirming the truthfulness of the information provided.
  7. Affidavit of Service: Include an affidavit certifying that a true copy of the notice has been sent to the owner and contractor, either by personal service or U.S. mail.
  8. Notary Public: The document needs to be notarized, confirming the identity of the person making the statement and the authenticity of the signatures.
  9. Record Keeping: Keep a copy of the completed form for your records, as it may be needed for future reference or disputes.
  10. Legal Compliance: Ensure that the form complies with Georgia's lien laws to protect your rights effectively.

Document Characteristics

Fact Name Fact Description
Purpose The Notice to Owner Georgia form is used to inform property owners and contractors about the rights of individuals providing labor, services, or materials for property improvements.
Governing Law This form is governed by Georgia law, specifically O.C.G.A. § 44-14-361.5.
Filing Timeline The notice must be filed within 30 days of the Notice of Commencement or within 30 days of the first delivery of labor, services, or materials.
Recipient The notice is directed to the property owner or the owner's agent, as well as the contractor involved in the project.
Required Information It requires details such as the name, address, and phone number of the individual filing the notice, as well as the project location and description of the services provided.
Signature Requirement The form must be signed by the individual filing the notice, affirming the truth of the information provided.
Affidavit of Service An affidavit of service is included, certifying that a copy of the notice was sent to the relevant parties by personal service or U.S. mail.
Notary Requirement The signature of a notary public is required to validate the document, ensuring that the filing is legally recognized.