O.C.G.A.

O.C.G.A. § 36-91-92 (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 the subcontractor, materialman, or person shall render the provisions of paragraph (1) of subsection (a) of Code Section 36-91-93 inapplicable to the 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 governmental entity 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 contractor requirements of paragraph (2) of subsection (a) of Code Section 36-91-93 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 governmental entity and the name of the contractor as contained in the notice of commencement.

History

Code 1981, § 36-91-72, enacted by Ga. L. 2000, p. 498, § 1; Code 1981, § 36-91-92, as redesignated by Ga.

L. 2001, p. 820, § 12; Ga. L. 2013, p. 628, § 8/SB 179.

Annotations

JUDICIAL DECISIONS Summary judgment improperly granted. - In an action on a public works payment bond under O.C.G.A. §§ 36-91-92 and 36-91-93, a trial court erred in granting summary judgment to a surety because a material issue of fact existed as to whether a general contractor complied with the notice of commence-

ment requirements so as to fall under the provisions of O.C.G.A. § 36-91-93(a)(2), or whether the general contractor received a sub-subcontractor’s request but failed to comply and thus fell under the provisions of O.C.G.A. § 36-91-93(a)(1). Southway Crane & Rigging v. Fed. Ins. Co., 294 Ga. App. 504, 669 S.E.2d 482 (2008).

Notes of Decisions

Cited in 2 cases, 2001–2008 · leading case: J. Kinson Cook, Inc. v. Weaver, 556 S.E.2d 831 (Ga. Ct. App. 2001).

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J. Kinson Cook, Inc. v. Weaver, 556 S.E.2d 831 (Ga. Ct. App. 2001). · cites it 2× “…revised, were incorporated in OCGA §§ 36-91-72 and 36-91-73. Ga. L. 2001, p. 820, § 12 renumbered these provisions as OCGA §§ 36-91-92 and 36-91-93. The same provisions also are incorporated almost verbatim in OCGA §§ 13-10-62 and 13-10-63. 2 Rotell was declared in default,…”

Southway Crane & Rigging, Inc. v. Fed. Ins. Co., 669 S.E.2d 482 (Ga. Ct. App. 2008). · cites it 4× “OCGA § 36-91-92 (a) requires that a contractor furnishing a payment bond shall provide a copy of a statutorily prescribed “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…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.