Georgia Construction, Bond & Lien Law Blog

Georgia Lawmakers Consider Payment Bond Requirements for Development Authorities

Posted in Current Legal Issues,Materialmen's Lien (enforcement),Payment Bonds by Blue Blog on the March 22nd, 2023

  by Brianna Cook While many bills were passed and many were not, the Senate did not reach unanimity regarding Georgia Senate Bill 171—a bill relating to mechanics and materialmen liens, to provide that such liens may attach to the usufruct interest of properties owned by or titled in a development authority or downtown development
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House Bill 1221 Could Amend Georgia’s Lien Laws in 2022

Posted in Current Legal Issues,Filing Materialmen's Liens,Materilamen's Liens by Blue Blog on the February 9th, 2022

Representative Matthew Gambill of the 15th District from Cartersville has introduced Georgia Hour Bill 1221 in the current 2022 legislative session. This bill purports to change O.C.G.A. § 44-14-361.1 relating to how liens are declared, created, recorded for lien claimaint with an amount due of $10,000.00 or less.  It also includes additional documentation as a
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Mark Cobb Contributes to Book on Construction Law Checklists

Posted in Good Business Practices,Practical Tips,Subcontractor Law by Blue Blog on the January 18th, 2022

With over 25 years of experience with construction law, Mark Cobb is proud to be an author of the newest construction publication of the American Bar Associations’ Forum on Construction Law. It’s entitled Construction Checklists, Second Edition: A Guide To Frequently Encountered Construction Issues, it is edited by fellow construction attorneys Carrie L. Okizaki, Terrence
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Contractors 2022 New Years Resolutions

  by Mark A. Cobb As we continue to celebrate 2022, many of us have left-over to-do lists from the prior year. This week is the best week, to review those lists, toss some of them, and use others to create a plan to improve your businesses profitability and efficiency! As construction attorneys focusing on
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Unlicensed Contractors In Georgia Lose All Contract Rights According to Georgia Court of Appeals

Posted in Case Law,Contractor Liability by Blue Blog on the February 25th, 2021

by Marianella Melendez Recently, the Georgia Court of Appeals handed down a decision which should be a wake-up call for all unlicensed contractors doing business in the State of Georgia.  In Saks Management and Associates, LLC v. Sung General Contracting, Inc., the court determined that an unlicensed general contractor is unable to enforce its contract
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Georgia’s Statutory Notice to Owner Scheme Basics

Posted in Notice of Commencement,Notices to Owner (NTO's) by Blue Blog on the December 17th, 2020

by Mark A. Cobb This is Part III in our peaks in the forthcoming Georgia Construction Law Handbook which our firm has published.  Today’s article addresses Georgia’s Statutory Notice Scheme for subcontractors and material suppliers who lack privity of contract with either the project owner or the prime contractor.  If a lower-tier subcontractor or material
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Considerations for Contractors and Suppliers Before Bidding

Posted in Affidavit of Nonpayment,Filing Materialmen's Liens,Subcontractor Liability by Blue Blog on the December 7th, 2020

By Mark A. Cobb As readers from our last post know, we are just days away from launching the Second Edition of the Georgia Construction Handbook for Materialmen’s Liens and Payment Bonds.  Since Georgia’s new lien laws begin to take effect on January 1, 2021, this new edition is vital for all contractors, subcontractors, design
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New Handbook Updates Georgia’s Lien Laws for 2021

Posted in Lien Waivers,Materialmen's Lien (enforcement),Materilamen's Liens by Blue Blog on the November 28th, 2020

  As our readers know, the 2020 Georgia Legislative Session amended Georgia’s Lien Laws, and these new rules take effect on January 1, 2021.  These amendments to the laws were in response to a Georgia Court of Appeals decisions which negatively impacted construction professionals. In anticipation of this, we have completely revised our Georgia Handbook
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How a Georgia Lien Claimant can Perfect its Mechanics or Materialmen’s Lien

Posted in Lien Foreclosure,Materialmen's Lien (enforcement),Notice of Action by Blue Blog on the October 25th, 2020

by Mark A. Cobb Those contractors or suppliers who file Claims of Lien against their projects usually understand that filing the materialmen’s lien is the first step to recovering the amount which is owed.  Filing the lien is often the easier part but how to proceed after the lien is filed requires an analysis of
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Georgia HB 493 Signed into Law Allows Private Inspections on Construction Projects

Posted in Current Legal Issues by Blue Blog on the October 3rd, 2020

  The construction attorneys at the Cobb Law Group strive to keep its clients and friends updated on current laws and legislation which impacts Georgia’s Construction Industry.  Today’s article highlight the changes brought about in 2020 House Bill 493 which amends Chapter 2 of Title 8 of the Official Code of Georgia Annotated, relating to
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