(a) A preliminary notice of lien rights filed pursuant to Code Section 44-14-361.3 shall be dissolved if it is canceled and a preliminary notice also expires and is dissolved under any of the following conditions: (1) The lien has been waived in writing by the lien claimant; (2) The time has expired for filing the claim of lien as required in Code Section 44-14-361.1; (3) On residential property, a demand for filing of a claim of
lien has been sent by registered or certified mail or statutory
overnight delivery to the potential lien claimant at the address
specified in the preliminary notice of lien rights and at least
ten days have elapsed since the date of such mailing without the
filing of a claim of lien; or (4) On all property except residential property, a demand for
filing of a claim of lien has been sent by registered or certified
mail or statutory overnight delivery to the potential lien
claimant at the address specified in the preliminary notice of
lien rights and at least ten days have elapsed since the date of
such mailing without the filing of a claim of lien; provided,
however, the demand for filing of a claim of lien shall not be
sent until the contractor's contract is substantially complete or
until the potential lien claimant's contract has been terminated
or the potential lien claimant has abandoned the contract. (b) A demand for filing of claim of lien shall contain the same
information required to be contained in the preliminary notice of
lien rights and shall contain the following statement addressed to
the potential lien claimant: "This demand was mailed to you on __________ pursuant to Code Section 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." (c) If a demand for filing of a claim of lien is mailed as provided
in this Code section and no claim of lien is filed within ten days
after said date of mailing, the preliminary notice of lien rights
may be canceled as provided in this subsection. In order to obtain
cancellation, the person who mailed the demand or his attorney shall
file with the clerk of superior court a copy of the demand and his
or her affidavit that the demand was mailed as provided in paragraph
(3) or (4) of subsection (a) of this Code section and that ten days
have elapsed since said date of mailing without the filing of a
claim of lien by the potential lien claimant. Upon such filing, the
clerk of superior court shall cancel of record the preliminary
notice of lien rights. |