Georgia Construction, Bond & Lien Law Blog


Update on Proposed Changes to Georgia Lien Laws (SB 315 2020)

Posted in Affidavit of Nonpayment,Case Law,Lien Waivers by Blue Blog on the February 7th, 2020

As many of our readers know, a recent Georgia Court of Appeals Case held that Georgia’s Statutory Lien Waivers (both Interim and Final) waive all rights a contractor or subcontractor have to their payments including their contractual right to payment (for more background details, click here). Most construction professionals agree that Georgia’s Lien Waivers should
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Crushing News for Georgia Contractors: The GA Cort of Appeals Holds That Lien Waivers Can Waive All Claims for Payment

Posted in Affidavit of Nonpayment,Final Waiver and Release,Interim Waivers & Release by Blue Blog on the January 17th, 2020

by Mark A. Cobb For an update on the status of the 2020 proposed amendments to Georgia’s Lien Laws, please click here. Recently, the Georgia Court of Appeals handed down a case which seriously impacts everyone on a construction project including general contractors, subcontractors, sub-subcontractors and material suppliers. The case involves Georgia’s statutory form lien
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Natural Disasters and Risks to Construction Projects

Posted in Contracts,Miscellaneous,Project Owner Info by Blue Blog on the July 1st, 2019

by Mark A. Cobb As a Construction Law Firm working throughout Georgia, we stay very busy. Licensing requirements to maintain a law license in Georgia are very strict so we pick only the highest caliber continuing legal education opportunities available to construction attorneys. Recently, Mark Cobb was able to attend the American Bar Association’s (ABA’s)
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The Importance of a Mediation Provision in Construction Contracts

Posted in Arbitration,Construction Arbitration,Contracts,Mediation by Blue Blog on the April 10th, 2019

by Mark A. Cobb, Attorney at Law and Georgia Certified Mediator It doesn’t matter whether we are negotiating construction contracts on behalf of a client or we are discussing a construction collection matter with a potential client, the conversation inevitably includes a discussion of the construction contract’s dispute resolution clause.  These provision may draw a
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Mark Cobb to Speak at AIA Construction Contract Document Workshop

Posted in Contracts by Blue Blog on the January 30th, 2019

  Experienced Georgia Construction Lawyer, Mark Cobb, will be presenting at an AIA Contract Document Workshop to be held in Atlanta, Georgia on Wednesday, March 13, 2019. This Seminar is designed for construction professions who use or negotiate construction contracts published by the AIA (American Institute of Architects). The various topics to be covered by
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How Subcontractors and Suppliers Can Prevent Payment Problems

Posted in Notice of Intent to File Lien,Notices to Owner (NTO's) by Blue Blog on the November 27th, 2018

Is a Notice of Intent to Lien Required in Georgia? Notices of Intent to Lien documents can be confusing to subcontractors and material suppliers; particularly those who work in–or supply to–projects in multiple states.  That’s primarily because these Notices of Intent to File Liens are only required in certain states and most states only require
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Miller Act Claims Explained

Posted in Little Miller Act,Miller Act by Blue Blog on the November 12th, 2018

When it comes to Federal construction contracts and Federal construction law, there aren’t too many pieces of legislation that are more impactful than the Miller Act.  The Miller Act is a law that applies to every construction project that is headed by the federal government (or with some minor alterations state projects under their own
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What Type of Lien Action is Required in Georgia to Enforce a Materialmen’s Lien?

Posted in Materialmen's Lien (enforcement) by Blue Blog on the October 22nd, 2018

by Mark A. Cobb Mechanics’ lien and materialmen’s in Georgia will automatically expire unless the lien claimant takes steps to enforce the lien. Although there are other statutory requirements, the first step to enforce a Georgia lien is described in O.C.G.A. § 44-14-361.1 which requires that the lien claimant commences a “lien action” for recovery
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Fraud: Performance & Payment Bonds on Public Projects

Posted in Uncategorized by Blue Blog on the September 22nd, 2018

by Francisco R. Garcia-Soroeta Federal and state statutes require most public works projects to be covered by payment bond and performance bonds.  Performance bonds, essentially, guarantee that the project will be successfully completed, and payment bonds, essentially, guarantee that subcontractors and suppliers will received payment for the labor, services and materials.  The statutory scheme for
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Community Development Block Grants in Georgia Can Aid Financing of Public Works Projects

Posted in Government Contracting,Public Works Projects by Blue Blog on the August 27th, 2018

One of the Cobb Law Group‘s construction paralegals, James Eubanks, also serves as mayor of Pelham, Georgia.  Consequently, James brings a wealth of knowledge about government contracting, government bidding, and government financing to our public works projects practice.  Today, we are pleased that James has contributed an article to our Georgia Construction Law Blog.  In
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