Now comes [the owner, agent of the owner, or the contractor], not later than 15 days after the day the contractor named herein has physically commenced work on the referenced property, and files this Notice of Commencement with the Clerk of the Superior Court of [county where project is located] and posts a copy of this Notice of Commencement on the project site, as follows:
 

1. NAME, ADDRESS AND TELEPHONE NUMBER OF THE CONTRACTOR:
 

[give name, address, and telephone number of contractor]
 

2. NAME AND LOCATION OF THE PROJECT BEING CONSTRUCTED:
 

[give name and location of project, including the legal description

of the property upon which the improvements are being made]
 

3. NAME AND ADDRESS OF THE TRUE OWNER OF THE PROPERTY:
 

[give name and address of true owner of property]
 

4. 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:
 

[give the name of such person, if any, or state "Not Applicable"]
 

5. NAME AND ADDRESS OF THE SURETY FOR THE PERFORMANCE AND

PAYMENT BONDS, IF ANY:
 

[give the name and address of the surety, if any]
 

6. NAME AND ADDRESS OF THE CONSTRUCTION LENDER, IF ANY:
 

[give the name of the construction lender]
 

This ______ day of ______________, 19____.
 

[Owner, Agent of the Owner, or Contractor]
 

By:_________________________________
 

Title:________________________________
 
 

[Name of claimant], gives notice of providing labor, services, or materials, specifically [give a description of the labor, service or materials being provided] with a contract price or anticipated value of [state contract price, anticipated value of the labor, services or materials to be provided or the amount claimed to be due], with respect to that certain project named [name of project as stated in the Notice of Commencement], located at [location of project as stated in the Notice of Commencement] which have been provided at the instance of [name of each person at whose instance the labor, services or materials are being furnished] whose address is [address of each person at whose instance the labor, services or materials are being furnished].
 

And now, within 30 days from the filing of the Notice of Commencement or 30 days following the first delivery of labor, services or materials to the property, whichever is later, [name of claimant] gives this Notice to Contractor to the Owner or agent of Owner, and to the Contractor for the project as set out in the Notice of Commencement, pursuant to the provisions of O.C.G.A. § 44-14-361.5.
 

This ______ day of ___________, 19___.
 

[Name of Claimant]
 

By: _______________________________
 

Title:______________________________

[Name of Claimant]

[Address of Claimant]

[Telephone Number of Claimant]
 

cc: Owner or Agent of Owner [as shown on Notice of Commencement]

Contractor [as shown on Notice of Commencement]
 
 

[Name of Claimant] files this Preliminary Notice of Lien pursuant to O.C.G.A. § 44-14-361.3 upon the property owned by [Name of Owner], commonly known as [street address of property], [city where property is located], [name of county where property is located], and which is more specifically described as:
 

PLEASE SEE EXHIBIT "A" ATTACHED HERETO

AND INCORPORATED HEREIN BY REFERENCE
 

for providing labor, services, or materials, specifically [include a general description of the labor, service or materials furnished or to be furnished] at the instance of [Name of Contractor] whose address is [Address of Contractor].
 

This ______ day of ___________, 19___.
 

[Name of Claimant]
 

By: _______________________________
 

Title:______________________________

[Name of Claimant]

[Address of Claimant]

[Telephone Number of Claimant]
 
 

Clerk, Superior Court

of ____________ County
 

You are authorized and directed to cancel of record the preliminary notice of lien rights which we filed on the property owned by [state name of owner] on [give date] and recorded by you in Book ______, Page ______, of preliminary notices kept by you.
 

This ______ day of __________, 19___.
 

_________________________________

[Lien Claimant or Attorney]
 
 

[Name of Contractor] files this Demand for Filing of Claim of Lien upon the property owned by [Name of Owner], commonly known as [street address of property], [city where property is located], [name of county where property is located], and which is more specifically described as:
 

PLEASE SEE EXHIBIT "A" ATTACHED HERETO

AND INCORPORATED HEREIN BY REFERENCE
 

for providing labor, services, or materials, specifically [include a general description of the labor, service or materials furnished or to be furnished] at the instance of [Name of Contractor] whose address is [Address of Contractor].
 

This demand was mailed to you on [date of mailing] pursuant to O.C.G.A. § 44-14-361.4. You are notified that unless you file a claim of lien with respect to this claim on or before the tenth day after said date of mailing your right to claim a lien will be dissolved.
 

This ______ day of ___________, 19___.
 

[Name of Contractor]
 

By: _______________________________
 

Title:______________________________

[Name of Contractor]

[Address of Contractor]

[Telephone Number of Contractor]
 
 

STATE OF GEORGIA

COUNTY OF _____________
 

The undersigned mechanic and/or materialman has been employed by [name of contractor] to furnish [describe materials and/or labor] for the construction of improvements known as [title of the project or building] which is located in the City of [name city], County of [name county], and is owned by [name of owner] and more particularly described as follows:
 

[DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.]
 

Upon the receipt of the sum of $______________, the mechanic and/or materialman waives and releases any and all liens or claims of liens it has upon the foregoing described property through the date of [date] and excepting those rights and liens that the mechanic and/or materialman might have in any retained amounts, on account of labor or materials, or both, furnished by the undersigned to or on account of said contractor for said building or premises.
 

Given under hand and seal this _____ day of ________, 19___.
 

___________________(Seal)

________________________
 
 
 

__________________________

[Witness]
 

_________________________

[Address]
 
 

STATE OF GEORGIA

COUNTY OF _________
 

The undersigned mechanic and/or materialman has been employed by [name of contractor] to furnish [describe materials and/or labor] for the construction of improvements known as [title of the project or building] which is located in the City of [name city], County of [name county], and is owned by [name of owner] and more particularly described as follows:
 

[DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.]
 

Upon the receipt of the sum of $______________, the mechanic and/or materialman waives and releases any and all liens or claims of liens it has upon the foregoing described property.
 

Given under hand and seal this _____ day of __________, 19___.
 

______________________(Seal)
 

___________________________
 

_____________________

[Witness]

_____________________

[Address]
 

NOTICE: THIS DOCUMENT WAIVES RIGHTS UNCONDITIONALLY AND STATES THAT YOU HAVE BEEN PAID FOR GIVING UP THOSE RIGHTS. THIS DOCUMENT IS ENFORCEABLE AGAINST YOU IF YOU SIGN IT, EVEN IF YOU HAVE NOT BEEN PAID. IF YOU HAVE NOT YET BEEN PAID, USE A CONDITIONAL RELEASE FORM.
 
 

STATE OF GEORGIA

COUNTY OF __________
 

The undersigned mechanic and/or materialman has been employed by [name of contractor] to furnish [describe materials and/or labor] for the construction of improvements known as [title of the project or building] which is located in the City of [name city], County of [name county], and is owned by [name of owner] and more particularly described as follows:
 

[DESCRIBE THE PROPERTY UPON WHICH THE IMPROVEMENTS WERE MADE BY USING EITHER A METES AND BOUNDS DESCRIPTION, THE LAND LOT DISTRICT, BLOCK AND LOT NUMBER, OR STREET ADDRESS OF THE PROJECT.]
 

Pursuant to O.C.G.A. § 44-14-366 the undersigned executed a lien waiver and release with respect to this property dated ____________, 19_____. The amount set forth in said waiver and release ($__________) has not been paid, and the undersigned hereby gives notice of such nonpayment.
 

The above facts are sworn true and correct by the undersigned, this ______ day of _________, 19 _.
 

_______________________(SEAL) Claimant's Signature

Sworn to and executed

in the presence of:
 

______________________

Witness

______________________

Notary Public
 

CLAIM OF LIEN
 
 
 

[Name of claimant], a [category of claimant] claims a lien in the amount of [amount of lien claim], plus interest at the rate of 1-1/2% per month from [date claim became due], upon that certain building or structure and the premises or real estate upon which it is erected or built, which is owned by [name of owner], which property is commonly known as [street address of property], [city where property is located], [name of county where property is located], Georgia, and which is more specifically described as:
 
 

for satisfaction of a claim which became due on [date claim became due] for building, repairing, improving, and furnishing material and labor.
 

And now, within three (3) months after the completion of the work and the furnishing of labor and materials, the undersigned records this claim of lien in the office of the Clerk of the Superior Court of [county where property is located], Georgia, the county where the property is located, and certifies that the [Owner and/or Contractor] has been sent a copy of this claim of lien by registered or certified mail, pursuant to the provisions of O.C.G.A. § 44-14-361.1.
 

This _____ day of __________, 19___.
 

[Name of Lien Claimant]
 
 
 

By:___________________________
 

Title:__________________________
 

[Name of Lien Claimant]

[Address of Lien Claimant]

[Telephone Number of Lien Claimant]
 

cc: [Name of Owner and/or Contractor]
 
 

The debt which this instrument was given to secure having been paid in full, this instrument is hereby cancelled and Clerk of the Superior Court of _______________ County, Georgia, is hereby authorized and directed to mark it satisfied of record.
 

This _____ day of ______________, 19____.
 
 
 

By:_____________________________________________
 

Title:____________________________________________
 
 

In person before the undersigned officer authorized to administer oaths came [Name of Deponent], [Title], of [Name of Contractor], who, after being duly sworn, deposes and states on behalf of [Name of Contractor], ("Contractor") that Contractor was the general contractor in charge of the building and construction on certain property owned by [Name of Owner] ("Owner"), which property is commonly known as [street address of property], [city where property is located], [name of county where property is located], Georgia, and which is more specifically described as:
 

PLEASE SEE EXHIBIT "A" ATTACHED HERETO

AND INCORPORATED HEREIN BY REFERENCE
 

Deponent says that he is an officer of Contractor and that he has the authority to issue this affidavit on behalf of Contractor. Deponent further says that Contractor has been in direct charge of the construction and completion of the improvements, additions and renovations placed on the above property, and deponent states that said improvements have now been fully completed and are within the boundary lines.
 

Deponent further says that Contractor has paid in full all amounts and bills due for all labor, materials and equipment used in making said improvements, and that all contractors, suppliers, and laborers have been paid in full. Deponent says that there are no contracts pending and not yet terminated and that no disputes exist regarding contracts made in the improvement of said property, and that the contract price has been paid in full.
 

Deponent further says that there are no unpaid bills of any nature, either for labor, material or services for any improvements made on said property, either in the construction or repair of any of the improvements thereon, and that there are no fixtures now installed in said buildings that have not been paid for in full, and that there are no retention of title contracts, bills of sale or other encumbrances of record affecting title to any personal property installed on said premises, the installation for which Contractor was responsible.
 

Deponent further agrees on behalf of Contractor that if any contractor, subcontractor, laborer, supplier or materialman places a lien on the property resulting from work performed for or supplies and materials furnished to the property for the improvements and renovations for which Contractor was responsible, upon request of the Owner, Contractor will pay, make arrangements for paying, and if necessary, purchase a payment bond to bond off and extinguish the lien or liens.
 

Deponent on behalf of Contractor states that he hereby acknowledges receipt of payment in full for all amounts due and owing to Contractor for making all of the improvements on said property aforementioned and Contractor hereby relinquishes and releases any and all rights to any lien on said property for labor or material furnished.

[NAME OF CONTRACTOR]
 

Sworn to and subscribed By: __________________________(Seal)

before me this _____ day Title: _________________________

of _______________, 19_____.

________________________

Notary Public
 
 

[CLAIMANT],

Plaintiff,

v.

[OWNER/CONTRACTOR],

Defendant.

NOW COMES the Plaintiff, [Name of Lien Claimant] ("Claimant") and files its Complaint as follows:

Defendant [Owner/Contractor]("Defendant") is a __________ corporation which may be served by serving its registered agent for service of process at [address]. Defendant subject to the jurisdiction of this Court.

On or about February 17, 1989, Defendant entered into a contract with Plaintiff (the "Contract") for the supply of labor and material for the construction of a _______________(the "Project"). A true and correct copy of the Contract is attached hereto as Exhibit 1 and incorporated herein by reference.

The Project was constructed in [County where project was constructed] County on property owned by [Name of Owner] and commonly know as [Street Address] (the "Property"), which is more particularly described in the legal description attached hereto as Exhibit 2 and incorporated herein by reference.

[Name of Owner] is and at all times material to this action has been the Owner of the Property.

All conditions precedent to the bringing of this action have been performed, waived, or excused.

Plaintiff incorporates by reference Paragraphs 1 through 5 of this Complaint as if fully set forth herein.

The total contract price for the construction of the Project was [contract price].

[Owner/Contractor] has paid Plaintiff a total of [amount paid] for its work on the Project.

[Owner/Contractor] has, in breach of contract, failed to pay Plaintiff the remaining balance owing under the Contract of [amount of contract claim].

Plaintiff claims interest on the remaining balance of [amount of contract claim] at the rate of 1.5% per month from [date claim became due] in accordance with O.C.G.A. § 7-4-16.
 
 

Plaintiff incorporates by reference Paragraphs 1 through 10 of this Complaint as if fully set forth herein.

Plaintiff has substantially complied with the Contract, in accordance with the requirements of O.C.G.A. § 44-14-361.1.

Plaintiff's claim for labor and materials furnished pursuant to the Contract for construction of the Project became due on [date claim became due].

On [date of lien filing] Plaintiff timely filed a claim of lien (the "Lien") against the Property, in accordance with O.C.G.A. §44-14-361.1. A true and correct copy of the Lien is attached hereto as Exhibit 3 and incorporated herein by reference.

Plaintiff has timely commenced this action against [Owner/Contractor] to [perfect/foreclose] the Lien by filing suit against [Owner/Contractor] within one year from the time its claim became due, as required by O.C.G.A. §44-14-361.1.

Plaintiff is entitled to a judgment perfecting the Lien [and/or permitting foreclosure of the Lien against the Property].
 

WHEREFORE, Plaintiff prays for the following relief:

(a) Judgment in the amount of [amount of contract claim] against [Owner/Contractor] under Count I, plus interest at the rate of 1.5% per month from [date claim became due];

(b) Judgment granting Plaintiff a lien on the Property for [amount of lien claim], plus interest at the rate of 1.5% per month from [date claim became due];

(c) All costs of this action;

(d) Such other and further relief as this Court deems just and proper.
 

[Name of Law Firm]
 
 
 
 
 

By:______________________________

[Name of Attorney]

Georgia Bar No. ___________________

Attorneys for Plaintiff
 
 
 

[Address of Law Firm]

[Telephone Number of Law Firm]
 
 

RE: Property of [name of owner], as evidenced by a deed or other recorded instrument in the chain of title recorded with the office of the Clerk of the Superior Court of [County where property is located] County at Book ____, Page ____.
 

Personally appeared before the undersigned officer authorized to administer oaths came [Name of Attorney] who states under oath that he is the attorney for [Name of Lien Claimant] and that [Name of Lien Claimant] filed an action for the recovery of the amount of its claim of lien in the [Court where action is brought] in a case styled [case style, including the names of all parties], Case No. [case number], filed on [date suit was filed]. [Name of Lien Claimant] filed a claim of lien recorded at Deed Book ____, Page ____, Superior Court of [County where property is located] County Records on [lien filing date].
 

This ____ day of ___________, 19___.
 

Respectfully submitted,
 

[Name of Law Firm]
 

____________________________________

[Attorney's Name]

Attorney for [Name of Lien Claimant]

[Address of Law Firm]

[Telephone Number of Law Firm]
 

Sworn to and subscribed

before me this ____ day

of ______________, 19___.
 

__________________________

Notary Public