What the notice of commencement is
Under O.C.G.A. 44-14-361.5(b) it is filed with the clerk of superior court in the county where the project is located, and a copy is posted on the project site.
It is not filed with the State Licensing Board (it licenses contractors), the Secretary of State (where an entity owner's registered agent is on file, relevant to mailing a claim of lien) or the building official (who issues permits).
The 15-day clock
The deadline is not later than 15 days after the contractor physically commences work on the property (44-14-361.5(b)).
- The trap: counting from the date the contract is signed. The contract date does not start the clock.
- Permit issuance is not the trigger either.
- First delivery of materials is the trigger a lien claimant uses for the notice to contractor, not for the notice of commencement.
Worked example: contract signed February 10, work physically begins March 3. March 3 + 15 days = March 18. Counting from February 10 gives February 25, which is the wrong starting point.
Copy on written request
Under 44-14-361.5, when a subcontractor, supplier or other person asks the contractor in writing for a copy of the notice of commencement, the contractor must provide it within 10 calendar days of receiving the request.
Do not confuse it with 2 business days (claim of lien copy to the owner) or 7 days (affidavit of nonpayment copy to the owner).
What happens if the contractor ignores the request
If the copy is not provided within ten calendar days, the Code section becomes inapplicable to the person who made the request. That requester does not have to give the notice to contractor.
The trap is to over-read the penalty. The notice is not voided for every party; the consequence runs only in favour of the requester. The contractor keeps its own lien rights, and the 90-day claim of lien deadline under 44-14-361.1 is not cut to 30 days.