Georgia Construction, Bond & Lien Law Blog

Georgia Subcontractor Law

Posted in Uncategorized by Blue Blog on the September 18th, 2012

Georgia Super Lawyer Business & Construction Law

by:  Mark A. Cobb

When I meet people it can be difficult to share with them what I do.  If I simply admit to being a “lawyer” then I have probably shut down the conversation, but if I tell my listener that I am a “business lawyer” or a “construction lawyer,” then I might get a follow-up question or two.  Unfortunately, neither of these terms really express my legal specialty as a Georgia Subcontractor Lawyer.

Business Lawyer:  Being a Georgia Subcontractor Lawyer means that I represent businesses many of which are associated with the construction industry.  It means that we help create and organize new businesses, we assist with business licensure, commercial lease negotiation, franchise documents, purchase money security interests, contracts, mergers & acquisitions, and payment issues.

Construction Lawyer: Being a Georgia Subcontractor Lawyer also means that we work with unique contract drafting methods and dispute resolution methods which are unique to construction law; these unique features are based on many factors including multiple contractual relationships, unforeseeable but necessary contract amendments, changes and additions due to weather delays, construction site issues, as well as unique (but very beneficial) collection avenues including materialmen liens, payment bonds, and Miller Act litigation.

Unique Subcontractor Issues:  Thus, it might be said that Subcontractor Law is a combination of business law and construction law.  It is, but it is simulataneouly much more than that.  Georgia’s lien laws on private projects and Georgia’s payment bond laws on public projects have specific statutes governing Georgia subcontractors and suppliers which do not apply to general construction contractors, architects, engineers and real estate developers.  Furthermore, there are contract terms and notice requirements which are unique to subcontractors.  Issues such as “paid-when-paid”, “paid-if-paid” and Prompt Payment Acts impact this class of construction professionals.

Suppliers Too!  To further complicate matters, the term Subcontractor Law is also applicable to businesses which supply materials to construction projects.  Thus, we regularly represent manufacturers, wholesalers and retailers of products (or services) used on a construction project.  This includes everything from site-preparation work, to roofing materials, lighting fixtures and bathroom dividers.  Thus, we have to know a lot about our client’s businesses, their distribution, and their contracts or open accounts.

These are just some of the reasons  why it is difficult for me to succinctly share with others the fascinating world of my business/construction/subcontractor/supplier law practice.  Marketers stress the importance of being able to share your expertise in a quick sound-bite, but until there is a more accurate term for this legal specialty, Georgia Subcontract Lawyer is the best description there is.

Of course, there was an old Cosby episode in which Dr. Cosby was asked by a car salesman, “What type of work do you do?” To this, the affable Bill Cosby quipped, “I work hard” without disclosing the details of his vocation.  Maybe I should just try this!

If you need a Georgia Business, Franchise, Construction, Manufacturer, Subcontractor or Supplier law, contact us today!

Georgia Construction Sites turn PINK!

Posted in Current Legal Issues,Miscellaneous by Blue Blog on the September 7th, 2012

by:  Mark Cobb

Construction sites get a bad rap.  Movies and plays show overweight, middle-aged contractors ogling girls and yelling out cat calls from beams and heavy equipment.  But, if you look closely at some Georgia construction sites, you just might see something entirely different……


Georgia Construction and Lien Lawyers

Let us know if you see the Pink Crane!

That’s right, Mableton’s family-owned Phoenix Crane Rental Company has painted a 40-ton crane pink to show its support for the National Breast Cancer Foundation (“NBCF”); in addition, Phoenix Crane is donating a portion of its revenues to this worthy charity.  The Cobb Law Group is pleased to salute this company and its wonderful cause!

We cannot imagine the unexpected thrill that passers-by to the pink crane will get much less the resulting conversation.  “Pink?” they may ask, “Is that a crane?”.   Personally, I think a pink crane is an ideal medium for promoting conversations about breast cancer.  Although construction sites may seem like an unlikely place for such conversations to occur, it is a sad fact that breast cancer has touched virtually every family at some time or another.  This makes a pink crane an ideal symbol as cranes build up, cranes support, cranes lift.  And, that’s exactly what the NBCF and the wonderful people at Phoenix Crane Rental are trying to do.


Georgia Subcontractor Law Firm

Crane Operator Jessica Ives of Phoenix Crane Rental

The pink crane has been around all summer, and it is operated by certified crane operator Jessica Ives.  According to Phoenix Crane Rental’s CFO and Vice President Karen Barton, “Phoenix Crane has every intention to keep the crane in operation for the lifetime of the equipment . . .Every dollar we can contribute yields a far greater personal and organizational return than anything else we could have gotten involved in.”

Phoenix Crane Rental hopes that its pink crane will raise awareness about NBCF so that others will support this charity and its goal to offer free mammograms for women in need, to promote early breast cancer detection, and to provide educational programs for those whose lives are touched by breast cancer.

If you would like more information, please check out Phoenix Crane’s website as well as NBCF’s website.  If you see the pink crane, please let us know and share with us its location by leaving a comment below!