Cancellation of preliminary notice upon final payment; form of cancellation

(a) Upon final payment after all labor, services, or materials have been furnished, a person who has filed a preliminary notice of lien rights shall either deliver a cancellation of the preliminary notice of lien rights at the time of final payment or cause the notice to be canceled of record within ten days after final payment. Any person who fails to so cancel a preliminary notice shall be liable to the owner for all actual 753 44-14-362 damages, costs, and reasonable attorney’s fees incurred by the owner in having the preliminary notice canceled. (b) The cancellation required under this Code section shall be in the following form: “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 , . Lien claimant or attorney” History. Code 1981, § 44-14-362, enacted by Ga. L. 1983, p. 1450, § 1; Ga. L. 1999, p. 81, § 44.