Who must give it and when the duty exists
The notice to contractor is the preliminary notice in O.C.G.A. 44-14-361.5(a). It is given by a lien claimant not in privity with the contractor.
The duty applies only when a notice of commencement has been filed. No notice of commencement, no notice-to-contractor duty.
- The $2,500 figure is the residential warranty threshold in Rule 553-7-.01, not a lien notice trigger.
- The statute does not limit the duty to projects with a payment bond.
The 30-day window: whichever is later
The notice is due within 30 days from the filing of the notice of commencement, or 30 days following the first delivery of labor, services or materials, whichever is later (44-14-361.5(a)).
The trap is "whichever is earlier", which shortens the window. The signing of the prime contract is not a trigger, and completion of the claimant's work starts the 90-day claim of lien period, not this one.
Working a date problem
Notice of commencement filed April 5. Sub-subcontractor first delivers labor April 20.
- Pick the later date: April 20 is later than April 5.
- Add 30 days: April 20 + 30 = May 20.
- May 5 counts 30 days from the filing, the whichever-is-earlier error.
- April 30 counts 10 days, the copy-on-request period.
- July 19 counts 90 days, the claim of lien period.
Who receives it
The notice goes to both the owner (or the owner's agent) and the contractor (44-14-361.5(a)).
The trap is in the name: candidates send it to the contractor only. Sending it to the owner only is wrong too. The clerk of superior court receives the notice of commencement and the claim of lien, not the notice to contractor.