Georgia Construction, Bond & Lien Law Blog


GA Court of Appeals–If Contractor Does Not Give Notice, Then No Additional Claims Allowed

Posted in Contracts,Georgia Case Law,Government Contracting,Strict Compliance by Blue Blog on the April 4th, 2014

by Mark A. Cobb Last week, the Georgia Court of Appeals decided Western Surety Company v. Department of Transportation holding that a construction contract’s claim notice provisions were enforceable which, in turn, invalidated the prime contractor’s request for additional funds due to increased material costs.  This holding underscores every contractor and subcontractor’s need to be
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Breaking News–Supreme Court Victory for Subcontractors

Posted in Contracts,Current Legal Issues,Georgia Case Law by Blue Blog on the December 8th, 2013

by Mark A. Cobb In its December 3, 2013 ruling, the U.S. Supreme Court took a very important stand in favor of subcontractors!  For those of us watching Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, et al. closely, we were delighted to see that the Supreme
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GA Court Denies Payment Bond Requirement for Cleaning and Maintenance Contract

Posted in Georgia Case Law,Little Miller Act,Payment Bonds by Blue Blog on the December 3rd, 2013

  by Mark A. Cobb A Georgia Court of Appeals recently published its opinion in Board of Regents of the University system of Georgia v. Brooks, and the holding impacts businesses providing janitorial and general maintenance on Georgia’s public buildings. The Background  Facts:   The Plaintiffs’ employer entered into a maintenance and service contract with Georgia
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Legal Challenge to Georgia Appeals Court Decision Exposing Subcontractors to Third-Party Claims

Posted in Current Legal Issues,Georgia Case Law by Administrator on the July 9th, 2012

    by:  Mark A. Cobb Cobb Law Group As members of the American Subcontractor’s Association (“ASA”), the Cobb Law Group is pleased to pass along the following information from a recent ASAToday weekly news bulletin: “ASA is asking the Georgia Supreme Court to overturn a decision that ASA warned ‘could result in increased liability
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Tardy Notice of Commencement Valid says GA Court of Appeals!

Posted in Georgia Case Law,Notice of Commencement,Notices to Owner (NTO's) by Administrator on the December 6th, 2011

As you are aware, Georgia’s lien statutes require that third tier suppliers and subcontractors (those not in privity of contract with either the general contractor or the owner) file Notices to Owners IF the general contractor or the project owner filed a Notice of Commencement.  Furthermore, according to the Georgia statutes, the Notice of Commencement
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New Georgia Case Allows GC’s Some Leeway with Notices of Commencement

Posted in Georgia Case Law,Notice of Commencement,Notices to Owner (NTO's),Strict Compliance by Administrator on the November 30th, 2011

We are always on the lookout for cases which affect our clients’ right to file materialmen’s liens; last week, the Georgia Court of Appeals handed down a decision that allows general contractors a little leeway with getting their Notices of Commencement correct. Basically, the fact of the case are very common:  a supplier to a
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Follow-Up: Lien Claimants Beware of Typographical Errors in Liens!

Posted in Georgia Case Law,Materilamen's Liens,Strict Compliance,Typographical Errors by Administrator on the September 2nd, 2011

Before the weekend starts, we wanted to comment on the recent flurry of Georgia cases involving mechanics and construction liens.  There have been multiple rulings, and I’m pleased to report that for the most part, they interpret Georgia’s lien laws in favor of material suppliers, subcontractors, and lien claimants! In the next several posts, we’ll
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Georgia Case Reminds Subcontrators & Suppliers to File Liens ASAP!

In our last blog we told you about some bad news to Georgia’s Lien Claimants, but we promised to share some better news in this installment.  In addition to the case discussed in our last article, a second Georgia Court of Appeals case styled, Georgia Primary Bank v. Atlanta Paving, Inc., offers some hope for
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Some bad news for Georgia Lien Claimants!

PRACTICAL TIP: Liens must be precise, it is very important that your liens do not contain any typographical errors!

Conflicting Property Identification in Georgia Materialmen’s Lien

Posted in Georgia Case Law,Materialmen's Lien (enforcement) by Administrator on the June 17th, 2011

We love writing this blog!  Particularly when two entries in a row provide good news to some of our clients (and prospective clients!) Recently, the Georgia Court of Appeals ruled on the matter 3400 Partners, LLC v. Chavez (No. A11A0554).  In this lawsuit, a painting and concrete subcontractor had filed a materialmen’s lien against a
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