Georgia Construction, Bond & Lien Law Blog

Are Police too Militaristic? Does That Make Them Unconstitutional?

Posted in Current Legal Issues,Miscellaneous by Blue Blog on the July 10th, 2013

Georgia Legal Issues

Huffington Post journalist, Radley Balko has written a very interesting article for the most recent issue of the American Bar Association’s ABA Journal regarding the evolution of America’s police from friendly public servants to pseudo-military; to read this article, please click here > >

If you would like to read more, the article’s author, Radley Balko, has written a book entitled Rise of the Warrior Cop: The Militarization of America’s Police Forces; if you are interested in reading this click on the following link.



Don’t forget to leave your comments regarding this interesting and important topic.

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Safety Starts with Me: Home Improvement and DIY Tips

Posted in Miscellaneous by Blue Blog on the July 3rd, 2013


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Although our law firm focuses on the needs and rights of subcontractors and material suppliers throughout Georgia, we understand that our readers are very diverse, and they appreciate learning about other issues which may impact them.  We are pleased to provide a guest post provided by the Asbestos Cancer Victims’ Rights Campaign:

The summer months are the perfect time to kick off your long list of home improvements and DIY projects. With any do-it-yourself upgrades, safety is always paramount. Each year, June is named National Home Safety month. Also sponsored by the National Safety Council in June is National Safety Month; this year’s theme is “Safety Starts with Me.” The hope is to foster a sense of responsibility in people for their own safety, as well as the safety of others, to avoid preventable injuries and deaths.

For asbestos-exposure victims, the notion of preventable injuries and deaths rings all too clearly. With asbestos use rampant in construction and products used in homes prior to 1980, a renovation project can uncover much more than you bargained for during a project. In spirit of National Home Safety Month, here is some advice to consider when tackling your home projects to keep yourself and your loved ones as safe as possible from the hidden danger of asbestos.

Exterior of Your Home

Roofing and siding are commonly replaced on older homes to update the appearance and to protect the structure of the building. Asbestos is a known fire-retardant material, so having asbestos fibers in the siding, shingles, tar paper, and various glues and sealants was not out of the ordinary to help protect the building. This summer, if lifting the old shingles from a roof or re-siding your home is on your summer to-do list, consider researching or testing the products used on your home so you can finish your upgrade safely.

Interior of Your Home

The list of places and products where asbestos could be hidden in your home may seem endless. Some frequent projects, like replacing tiles, replacing insulation, or removing popcorn ceilings, are all projects to consider calling in a professional asbestos abatement team if you suspect asbestos could be present. These type of projects require materials––like floor and ceiling tiles––to be broken up in order for removal. When asbestos-containing materials are broken up or cut, that is when the potential for friable asbestos is the greatest, putting anyone in your home in danger of inhalation and subsequent exposure.

What to do if Asbestos is Found in Your Home

If you believe there is a great chance that asbestos is in your home, hire a professional asbestos removal contractor to test the materials to confirm if asbestos is present. If asbestos is found in your home, there is no need to panic. Asbestos becomes dangerous when it becomes friable, or disturbed, and its microscopic fibers are released into the air. An asbestos removal contractor can work with you to have the asbestos properly abated from your home so you can get your renovation projects safely underway.

A main component of the Asbestos Cancer Victims’ Rights Campaign’s mission is to educate the public on the dangers of asbestos. Asbestos-related diseases are sometimes unavoidable, but by understanding the risks and locations of this deadly fiber, we can learn how to best prevent exposure. The ACVRC is also fighting to protect those individuals and family members who have already been exposed. In honor of National Home Safety Month, Please sign our petition to protect the rights of asbestos cancer victims.

While it’s important to maintain and update your home for your comfort or for improved curb appeal, it’s more important to consider the theme of “Safety Starts with Me” and take the time to consider properly removing asbestos containing materials from your home safely. Not only will you be taking a great step to keep yourself safe, you’ll also be keeping your loved ones safe from potential exposure as well.

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Recommended Book on Health and Wellness for Your Employees

Posted in Miscellaneous by Blue Blog on the June 24th, 2013

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Every so often, we take a break from talking about construction law on this blog, and today is one of those days!  Some very good friends of ours, Debbie Frame and Jan Kiss, have a great deal of experience with leadership, management training, and training to improve employees’ (and everybody’s!)  health and wellness; Frame and Kiss have consulted with numerous businesses and industries, and through their research, have written a new book which some of our clients might find practical for their businesses, their employees, or for themselves.

Jan Kiss, RN MSN, has over 30 years of progressive clinical and management experience in healthcare, she is a Board Certified Drugless Practitioner, a Certified Integrative Nutrition Coach and a Certified Leader Coach.  Her co-author, Debbie Frame, has vast corporate experience training and coaching executives, managers and supervisors as well as entrepreneurs and professionals; in addition, she is the founder and president of The Leadership Essentials™ Group.

I have known Jan and Debbie for years and am privileged to call them friends,  and I have personally received the benefit of their health and business knowledge on many occasions.  That’s why it is so exciting that they have co-authored an e-book,  The Health and Wellness Coaching Tips and Tools.  Together, they have created a compendium of information, tips and tools that will support those who are trying to stay healthy–and those who are trying to get there. The book offers readers ways to make better choices and hold themselves accountable for changing bad habits.

The authors take the approach that information is power, and they lay the ground work with some startling facts about  nutrition, weight, disease and exercise. Building on this foundation, the authors provide readers with real-world tools (and tips!) to build a diet and eating plan.  It’s easy to say that we know what goes into our stomachs, but the reality for most of us is that we don’t.  Armed with the right tips and tools on virtually every topic including leftovers, how much water experts say each person should drink, and how to handle nighttime munchies, readers will be able to build a toolkit for health and wellness that will work for now and in the future. Always encouraging their readers to check with their physician before making any dietary or exercise changes, the two coaches encourage people to be sensible and take control of their health.

While each author is in their own private practice, the two work together to coach clients on health and nutrition and then help hold them accountable for making the life changes they need to hardwire changes, through life coaching. Both authors live on St. Simons Island, GA.

This book has been issued in multiple formats including as an APP for DROID, an ebook for iPhone/IPad/ iPod, Kindle and Nook.  To learn more about this great book (and to buy a copy!), please click below.


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Hilarious Must-See Law School Parody!

Posted in Fun!,Miscellaneous by Blue Blog on the March 15th, 2013

Kudos to West Virginia University second-year law school student Andy Loud for his great music video combining the Maroon 5’s music and the perils of law school.  Enjoy!


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Looking Forward to ABA Construction Law Forum

Posted in Construction Damages,Current Legal Issues,Miscellaneous by Blue Blog on the January 25th, 2013

The Forum on Construction Law which is a part of the American Bar Association (ABA) is a very active group of construction lawyers, and Mark Cobb is proud is be an active participant in this great organization.  He is looking forward to next week, when the Construction Industry Forum will have its 2013 Midwinter Meeting with a focus on “Making Dollars and Sense of Construction Damages.”

It’s a wonderful opportunity to attend seminars and panel discussions related to construction law, to earn continuing legal education hours, to learn about the latest construction cases, to meet and visit with collogues from all over the county.  Some of the topics which Mark will hear include:

  • Delay Damages
  • Construction Contract Drafting to Reduce or Eliminate Damages
  • Working with Damages Consultants
  • Preparing the Damages Expert for Trial
  • Graphics for Damages Presentations
  • Direct and Cross Examination of the Damages Expert
  • The Reality Behind the Theory of Lost Labor Productivity Claims
  • Terminations for Convenience
  • Green ConstructionProjects
  • What to Do When Damages Aren’t Enough
  • Ethics in Construction Law

In addition, there will be break-out sections for specific sub-groups of construction law professionals.  Mark actively participates in Division 9 which deals with issues related to specialty subcontractors, suppliers, mechanics and materialmen’s liens, and surety and payment bond claims.  At these break-out sessions, Mark looks forward to increasing his knowledge of emerging trends and the latest developments in lien and bond law.  In fact, it is through his work with Division 9 that he was asked to help write the forthcoming book on Subcontractor Law which will be published in 2014!

Mark is a Georgia lien and bond attorney, but the ABA Forum on Construction Industry is open to all lawyers, and Mark encourages your participation.  If you have ever attended a Forum meeting, then you know how educational they are.  Please leave a comment about your experience with the ABA Construction Law Forum meetings.

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Cobb Law Group Competes for Best Construction Blog 2013–Please Vote!

Posted in Miscellaneous,Practical Tips by Blue Blog on the January 23rd, 2013

For the fourth year, the Construction Marketing Ideas blog is hosting a competition for the Best Construction Blog.  And, our firm’s blog, Georgia Construction, Lien & Bond Law Blog, has been nominated to compete for this prestigious contest.

Cobb Law Group’s Founding Partner, Mark Cobb, was honored to be included in this competition.  “Construction Marketing Ideas is a great resource for construction professionals, and they are always looking for quality information to share with others.  There are a lot of fine construction blogs on the web–some directly related to construction law and others focusing on other aspects of the construction industry–and Construction Marketing Ideas wants to bring together some of the best.  It’s terrific to be included in a pantheon of other great blogs, and we are grateful to the contest leaders for putting this event together and writing such a wonderful review of our blog.”  To see the great review of our blog from their editors, please click here.

Now, the fun part begins–WE NEED YOUR VOTE: Visitors to the Construction Marketing Ideas’ blog can vote for their favorite blog, and we hope that you’ll  vote for us!  All you have to do is, go here:

scroll down to the bottom of the page and tick the box next to the name of your favorite blog (hint-hint, Georgia Construction, Lien & Bond Law Blog by the Cobb Law Group).  The contest begins February 1, 2013 and ends on April 1, 2013, so please get your vote in as soon as possible!

Best Construction Law Blog

We are so excited to be a part of this competition, and we thank you for your support.

Cobb Selected to Co-Author ABA Book on Subcontractor & Supplier Law

Posted in Current Legal Issues,Miscellaneous by Blue Blog on the December 28th, 2012

Book on Georgia Subcontractor Law by Mark Cobb

The Cobb Law Group is pleased to announce that its founding member, Mark Cobb, has been selected to be a co-author of a book on Subcontractor Law to be published by the American Bar Association‘s (ABA)  Forum on the Construction Industry.  Mark is honored to be the only lawyer from Georgia who will be contributing to this scholarly book as his co-authors are a distinguished panel of construction lawyers from across the country.

The working title of the book is “Construction Subcontracting and Teaming”, and it is edited by three highly regarded construction attorneys: Aaron Silberman from California, Joe Kovars from Maryland, and Sheila Sayne from Oklahoma.  This book will be a significant resource for law students, attorneys, judges, business owners, credit managers as well as for construction professionals who need to understand their construction contract rights and obligations, defaults, remedies and other vital topics.  Currently, the book proposal includes 23 chapters including the following topics:

  • Form Construction Contracts (such as AIA contracts and ConsensusDOCS);
  • Subcontractor Contract Terms;
  • Negotiation and Drafts Issues for Subcontractors and Suppliers;
  • Scheduling and Performance;
  • Mechanics and Materialmen’s Liens;
  • Changes and Differing Site Conditions;
  • Subcontractor Payment Issues;
  • Contract Termination;
  • Claims Against Prime Contractors;
  • Claims Against Subcontractors;
  • Warranties;
  • Indemnification and Types of Liability;
  • Labor and Safety Issues;
  • Insurance, Builders Risk Insurance, and other types of Insurance;
  • Surety Bonds including Payment Bonds and Performance Bonds;
  • Specialty Contractor Licensure;
  • Contract Disputes;
  • Issues Unique to Residential Construction Projects;
  • Public Projects (Federal, State and Local);
  • Alternative Project Delivery and BIM Impacts on Subcontracting;
  • Green Building Projects including Green Guarantees and Subcontractor Responsible Credits;
  • Globalization and International Projects;
  • Subconsulting Design Contracts;
  • Supply Contract Issues; and
  • Teaming Arrangements including Joint Venture Agreements and Letters of Intent.

This tremendous compilation of subcontractor law will be the first book published with specific focuses on subcontractor law.  Hopefully, its publication will increase knowledge and understanding in the construction law field.  It will concentrate on national construction law precedence, emerging trends, recent legislation, and specific issues important to every legal practitioner, subcontractor, credit manager, and supplier.

Mark Cobb and Florida construction lawyer Jim Dickson will be co-authoring a section of the book focusing on subcontractor payment and payment problems.  The duo intend to include a survey on payment issues faced by subcontractors including:

  • Determination of Payments (Fixed Price, Unit Pricing Cost Plus Pricing);
  • Conditions Precedent to Payment;
  • Retention / Retainage;
  • Impact of Liquidated Damages Clauses;
  • Impact of Merger Clauses;
  • Impact of Flow-Down Clauses;
  • Joint Check Agreements;
  • Cross-Default Construction Provisions;
  • Alternative Dispute Resolution Clauses and their impact on Lien Laws;
  • Mechanics and Materialmen Lien Statutes;
  • Impact of Lender Mortgage Priority;
  • Payment Bond Statutes;
  • Prompt Payment Statutes;
  • The Doctrine of Unjust Enrichment; and
  • Equitable Liens.

“It’s terrific to be a part of such an esteemed group of nationally-recognized construction lawyers working together. ” says Mark.  “This is a long overdue, and much-needed resource on subcontractor law . We have been working on the book over six months; this process takes time and the anticipated publication date is spring 2014.  Thus, there will be a lot more work, research, writing, revising and editing to make the book the caliber it needs to be.”

The Cobb Law Group focuses its practice on representing specialty subcontractors and material suppliers throughout Georgia, and we’re confidence that our legal experience, knowledge and understanding of the issues affecting subcontractors and suppliers will benefit every lawyer and construction professional working in Georgia and throughout the country.  We look forward to keeping you up-to-date as the book’s progress continues.

Georgia Construction Law Firm Salutes Client!

Posted in Current Legal Issues,Miscellaneous by Blue Blog on the November 20th, 2012

Georgia Construction Contract Lawyer

by Mark A. Cobb

Focusing on Georgia Subcontractor Law, the Cobb Law Group is very fortunate to maintain a full slate of terrific clients.  Almost without exception, our clients are leaders in their field and provide quality specialty construction services and general contracting services throughout Georgia.  During this season of thanksgiving, we are grateful for the opportunity to work with such fine clients, and we are particularly pleased to announce that one such client, Taylor Commercial, Inc. was recently awarded the First Place 2012 Build Georgia Specialty Contractor Award which is given by the AGC Georgia (Associated General Contractors of Georgia).  Congratulations!

This prestigious award demonstrates the exceptional quality of work that Taylor Commercial regularly provides to its customers.  We thought our readers might appreciate learning a little bit more about this award and highlight Taylor Commercial’s outstanding performance:

Georgia Payment Bond Law Firm
Summary of Project:  In March of 2011, Choate Construction Company connected with Taylor Commercial for assistance with the exterior siding portion of The Hub, a multi-use recreational building at Camp Winshape for Girls in Mount Berry, Georgia.  Taylor Commercial installed James Hardie fiber cement “Artisan” brand lap siding, which is almost twice as thick as normal fiber cement siding, and is rarely used in the Georgia market. This brand of fiber cement siding was used for the exterior cladding, providing a fiber cement exterior that is among the most durable in the industry.  Representatives of Taylor Commercial believe that their installation of this product at The Hub was the first and largest commercial project to use this product in Georgia.

Innovative Construction Techniques:  The Hub project involved the installation of siding on steel framing construction, which is not typical for siding application as all of the materials were fastened either with self-tapping screws or powder-actuated fasteners or “shots”.

Experienced Georgia Lien Lawyer
Excellence in Project Management and Scheduling:  Due to the tight project schedule, multiple exterior trades that would normally be “sequential” were required to work “concurrently”, creating very challenging working conditions.  Also, the siding and trims above the pre-painted metal standing seam roof presented a challenge because the roof was already installed before Taylor Commercial started installation of the siding; accordingly, Taylor Commercial had to access these walls without damaging the roof which was very difficult.  To accomplish this, they employed many techniques to protect the roof from scratches such as using hydraulic man-lifts, drop cloths where needed, and shoe soul protection.

Experienced Georgia Construction Attoneys in Savannah

Excellence in Customer Care: Taylor Commercial states, “For customer care we remained in constant communication with the project manager, job superintendent, and trade foremen in order to remedy and alleviate the many challenges.  This was truly a team effort by all parties involved and we strived to act and lead as a model team member.”

The Cobb Law Group is proud to work with such a great Georgia contractor, and if you want to learn more about Taylor Commercial, please click here.  We would enjoy hearing your comments about this spotlight.

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Hire a Veteran!

Posted in Miscellaneous by Blue Blog on the October 5th, 2012

Georgia Construction Law Attorneys who File Liens

by:  Mark A. Cobb

The Cobb Law Group appreciates the sacrifices made by our country’s military veterans, and we are pleased to share a wonderful resource for our readers.  If you have a job vacancy–construction or otherwise–then you should consider the American Jobs for American Heroes website which allows you to post a free job advertisement.  The web site is designed to put more than 60,000 unemployed National Guard members and military veterans back to work in private sector jobs.  This could be a great resource for Georgia’s prime contractors, specialty trade contractors and material suppliers to find and hire skilled, trustworthy employees and help out a veteran.

If you (or anyone you know) seeks trained, experienced, and reliable employees, then you can register at the American Jobs for American Heroes website and easily post your  job openings for free!  The campaign is an initiative of the Corporate America Supports You and the Military.  According to the website, national guardsmen have much to offer employers as these individuals are trained to be both leaders and to work as part of a team.  In addition, the National Guard provides more than 107 types of training, many of which correspond directly to types of skills training provided by companies for their employees, and includes those skills necessary for our clients and their construction, development and contracting projects in such diverse areas as electrical, equipment operation, drafting, logistics, and HVAC.

One sobering point–the website mentions results from mobilizations.  Apparently, National Guardsmen who return home from Iraq and Afghanistan experience a tremendous amount of stress when it comes to the prospect of unemployment upon their return.  For example, the website says, “the 41st BCT Army National Guard out of Oregon returned from deployment in April 2010 and reported 969 out of approximately 3,000 soldiers faced unemployment. This statistic, a staggering 34%, was obtained at the demobilization station before soldiers had even returned to home station. Once the unit is home for a short time the rate for the unit is expected to rise to as much as 54%”.

Please leave a comment if you are a veteran returning home from deployment and looking for a job or if you are an employer posting a construction job opening on the web site, and know that the Georgia construction attorneys at the Cobb Law Group appreciate everything you do!

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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.


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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!


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