by Mark Cobb
It’s becoming something of a tradition around here to offer a humourous video on Fridays. So, here we go……..
Hiring a law firm requires a great deal of trust, and that trust must be reciprocated between the client and the lawyers. At the Cobb Law Group, our construction lawyers work every day to earn our clients’ trust. Even when a client falls forward instead of backward, we can be relied upon to help!
That is the nature of the type of practice we maintain representing contractors, subcontractors and suppliers: we harp on getting all your ducks in a row from the beginning by using good construction contract drafting skills, utilizing a comprehensive account application to learn about credit worthiness, making sure that your internal procedures match the competency of your construction skills or quality of materials, and sending timely Notices to Contractors (NTCs) and Notices to Owners (NTOs).
But, for those that don’t heed this sage advice, we can still help pick-up the pieces. You may still have the right to file a Georgia Mechanics and Materialmen’s lien claim or make a claim against a payment bond. In addition, there may be an opportunity to seize retainage funds or make a claim for constructive trust on the amount owed to the prime contractor (or the subcontractor), and you may have a claim in quantum meruit.
Unbelievably, some clients fail to respond to this advice as well. But we can still help pick up the pieces! Even though their remedies are more limited, it is still possible to file a lawsuit for breach of contract as well as other causes of action. In addition, Georgia’s Prompt Payment Act can also help you collect interest and attorneys fees.
So, even if our advice is “fall back and we’ll catch you”, we can still help if you choose to fall forward instead! If you need information on Georgia subcontractor laws, Georgia lien laws, payment claims or just about anything else related to construction law, please contact us today!