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Notice of Commencement

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NOTICE OF COMMENCEMENT - CORPORATION

Prepared by, recording requested by

and return to:

Name

Company

Address

City State

Zip

Phone

Above this line for Official Use Only

STATE OF GEORGIA

COUNTY OF

BE IT KNOWN THAT as Owner Contractor or (☐) Agent of Owner, files this NOTICE OF COMMENCEMENT of the improvement of real property as described below, and upon being duly sworn states on his or his oath as follows:

1. The name, address, and telephone number of the contractor is

2. The name and location of the project being constructed is:

3. The legal description of the property upon which the improvements are being made is:

4. The property upon which improvements are being made is located in the County, Georgia.

5. The name and address of the true owner of the property is:

6. The name and address of the person other than the owner at whose instance the improvements are being made, if not the true owner of the property is:

7. The name and the address of the surety for the performance and payment bonds, if any are:

8. The name and address of the construction lender, if any, is:

9. This Notice is filed within fifteen 15 days after the contractor physically commenced work on the property.

WITNESS my signature on this the day of , 20

Signature

Print Name:

Title

Name of Corporation

Attest:

Secretary

Sworn to and executed

in the presence of:

Witness

Sworn to (or affirmed) and subscribed before me this day of (month), (year), by

Personally Known

Produced Identification

Type and # of ID

(Seal)

(Signature of Notary)

(Name of Notary Typed, Stamped or Printed)

Notary Public, State of Georgia

My Commission Expires:

Reference

44-14-361.5.

Notes:

The contractor shall be required to give a copy of the Notice of Commencement to any subcontractor, materialman, or person who makes a written request of the contractor. Failure to give 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 provision of this Code section inapplicable to the subcontractor, materialman, or person making the request.

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What a Notice of Commencement Is and when it applies

A Notice of Commencement is a recorded construction document that formally announces the start of work on a specific property and identifies the owner, general contractor, lender (if any), and legal description of the job. It is used in many U.S. jurisdictions to trigger lien notice deadlines, establish project parties, and provide contact information for service of process. Recording or delivering the Notice of Commencement can affect subcontractor lien rights, owner protections, and procedures for filing claims under state mechanic’s lien statutes.

Why filing a Notice of Commencement matters

A clear Notice of Commencement protects property owners by defining the project start date and helps subcontractors and suppliers verify project details. Proper use reduces disputed lien filings, improves transparency for lenders, and establishes the timeframe for preliminary notices and mechanic’s lien rights.

Why filing a Notice of Commencement matters

Who commonly prepares and relies on this notice

Typical parties involved in issuing or receiving a Notice of Commencement and why they care.

  • Property owners and owners’ representatives who record or authorize the notice to limit lien exposure and inform lenders.
  • General contractors who confirm project identity and coordinate subcontractor preliminary notice procedures to protect payment flows.
  • Subcontractors and suppliers who use the notice to verify job details and determine whether to deliver a preliminary notice.

Different participants have distinct responsibilities: owners authorize and often record, contractors distribute, and trades rely on the notice to preserve rights.

Core elements every Notice of Commencement should include

A professional Notice of Commencement contains specific identifiers and contact details so that lien and payment rights are clear and enforceable.

Project ID

Legal property description and physical address with parcel or tax ID to uniquely identify the work site and avoid ambiguity in lien enforcement.

Owner Info

Full legal name, mailing address, and contact information for the property owner or owner’s authorized agent responsible for the project.

Contractor Info

General contractor’s legal name, business address, license number (if required), and phone or email for service and verification.

Lender Details

Identifies any construction lender, its address, and contact so that lien notices and lender protections are handled correctly.

Effective Date

The date work is to begin or the date the notice is recorded; this date commonly starts preliminary notice and lien deadline calculations.

Recording Acknowledgment

Space for county clerk recording information, notary block if required, and any language required by local statute for official recordation.

Mandatory data fields and supporting items

Property address: Street, city, state, ZIP
Legal description: Parcel or lot description
Owner name: Full legal name
Contractor name: Legal business name
Recording date: MM/DD/YYYY format
Notary block: If required by jurisdiction

Step-by-step: completing the Notice of Commencement

Follow these sequential steps to prepare, verify, and record or circulate a Notice of Commencement for a construction project.

  • 01
    Gather details: Collect property, owner, contractor, lender, and contract start date information.
  • 02
    Draft notice: Populate the official form fields accurately using legal names and parcel data.
  • 03
    Notarize if needed: Execute before a notary or follow RON requirements where permitted.
  • 04
    Record/distribute: Record with county clerk if required and send copies to contractors and lenders.

Where Notices of Commencement typically go

A Notice of Commencement is either recorded in the county where the property sits or delivered directly to interested parties; methods affect legal protections.

  • County recording: Recorded in county land records when statute requires public notice.
  • Owner files copy: Owner retains and provides copies to lenders and contractors.
  • Contractor distribution: Contractor circulates to subcontractors and suppliers for verification.
  • Lender notification: Lenders receive notice to protect construction loan interests.

Sharing and electronic submission options

Notices can be recorded physically or created, signed, and distributed electronically where state law allows.

  • PDF / DOCX: Use standard PDF or Word formats
  • eSignature: ESIGN/UETA-compliant signatures acceptable
  • Integrations: Works with common cloud storage

Verify state recording acceptance for e-recorded documents and follow any specific notarization or RON procedures before relying on electronic submission.

Common timing rules and notice-triggered deadlines

Filing and notice deadlines vary by state; some deadlines run from the recorded date of the Notice of Commencement, others from first work or last furnishing.

Preliminary notice window:

Often required within 20–90 days of first furnishing depending on state.

Lien filing deadline:

Varies widely — commonly 60–180 days after last work or furnishing.

Recording to take effect:

Notice is effective upon county recording or delivery as statute specifies.

Amendment timing:

Amend or re-record promptly to reflect owner or lender changes.

RON requirements:

Remote notarization may impose additional retention and ID rules.

Common preparation errors to avoid

  • Using informal or abbreviated party names that do not match recorded ownership documents can cause filing rejection or later disputes over who authorized the project.
  • Failing to record or deliver the notice where state law requires recording may extend subcontractors’ preliminary notice obligations and change lien priority.
  • Entering an incorrect effective date or last furnishing date can misalign lien filing windows and lead to forfeited lien rights if deadlines lapse.
  • Omitting lender information when a construction loan exists can prevent the lender from protecting its security interest and complicate lien resolution later.

Consequences of incorrect or missing notices

Lost lien rights: Possible loss of lien priority
Filing rejection: County clerks may reject incorrect recordings
Payment disputes: Increased risk of contested invoices
Legal costs: Higher attorney fees and litigation risk
Statutory penalties: Jurisdictional fines possible
Delay claims: Project delays and administrative burden

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Frequently asked questions about Notices of Commencement

Answers to common procedural and legal questions to help you determine if a Notice of Commencement is needed and how to process it correctly.


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