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Fidelity and Deposit Co. of Md. V. Lafarge Bldg. Materials Inc.

The omission of the general contractor's phone number in its Notice of Commencement under OCGA § 44-14-361.5 b did not relieve the materials supplier of its duty to file a Notice to Contractor in order to perfect its lien.

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Lafarge Building Materials, Inc. “Lafarge” filed this action on a materialman’s lien discharge bond against Talbot Construction, Inc. “Talbot” and Fidelity and Deposit Company of Maryland “Fidelity” collectively, “appellants”, seeking to recover payment for building materials that Lafarge supplied to the Lake Shore Mall project the “Project”. The parties filed cross-motions for summary judgment, and the trial court denied appellants’ motion and granted partial summary judgment to Lafarge, holding that Lafarge’s failure to send a Notice to Contractor did not extinguish its lien rights because Talbot’s Notice of Commencement was legally deficient. For the reasons discussed infra , we reverse. Viewed in the light most favorable to the nonmovant,1 the record shows that in May 2006, Talbot, acting as a general contractor for the Project, filed a timely Notice of Commencement in accordance with OCGA § 44-14-361.5 b,2 which contained all of the requisite information save Talbot’s telephone number.

Lafarge contracted with a subcontractor, Michael B. Cline d/b/a Clinecrete “Cline”, to provide building materials to the Project. Lafarge furnished materials that were incorporated into the Project but never sent a Notice to Contractor as required by OCGA § 44-14-361.5 a, c.

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