O.C.G.A.
O.C.G.A.

O.C.G.A. § 13-10-62 (2019)

Notice of commencement

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) 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.

(b) The failure to file a notice of commencement shall render the notice to the contractor requirements of paragraph (1) of subsection (a) of Code Section 13-10-63 inapplicable.

(c) 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.

History

(Code 1981, § 13-10-62, enacted by Ga. L. 2001, p. 820, § 1.)

Notes of Decisions
Cited in 4 cases, 2001–2014 · leading case: Pioneer Constr., Inc. v. May (In re May), 518 B.R. 99 (Bankr. S.D. Ga. 2014).
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Pioneer Constr., Inc. v. May (In re May), 518 B.R. 99 (Bankr. S.D. Ga. 2014). · cites it 16× “O.C.G.A. § 13-10-62. Compliance with O.C.”
J. Kinson Cook, Inc. v. Weaver, 556 S.E.2d 831 (Ga. Ct. App. 2001). · cites it 6× “The same provisions also are incorporated almost verbatim in OCGA §§ 13-10-62 and 13-10-63. 2 Rotell was declared in default, and judgment was entered against it in favor of Weaver and in favor of Cook on its cross-claim.”
Bd. of Regents of Univ. Sys. v. Brooks, 749 S.E.2d 23 (Ga. Ct. App. 2013). · cites it 6× “The Plaintiffs then filed the instant suit against the Board of Regents, alleging that the Board of Regents “owed a duty to Plaintiffs to obtain, confirm and [e]nsure the existence of a valid payment bond under OCGA §§ 13-10-62, 13-10-63” and that its failure to do so…”
Bd. of Regents of the Univ. Sys. of Georgia v. James Brooks (Ga. Ct. App. 2013). · cites it 2× “As noted by the Board of Regents, the Plaintiffs have failed to demonstrate that these provisions apply, because these provisions concern payment bonds that are required for “public works construction contracts.”
— 13-10-62(a) — 1 case
Pioneer Constr., Inc. v. May (In re May), 518 B.R. 99 (Bankr. S.D. Ga. 2014). “O.C.G.A. § 13-10-62. Compliance with O.C.”
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