Georgia Construction, Bond & Lien Law Blog

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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As you may know, Governor Brian Kemp recently signed Senate Bill 315 into law revising and updating Georgia’s Lien Law Statutes. Since Mark Cobb was on the drafting committee for the new lien laws, we wanted to provide you with the highlights from the new law that was passed. The 2020 revisions to Georgia’s Lien
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Yesterday, Georgia Governor Brian Kemp hosted a bill-signing ceremony wherein he signed Senate Bill 315 into law. In doing this, Governor Kemp restored balance to Georgia’s Lien Laws following an adverse holding by the Georgia Court of Appeals in the duo of matters styled Controlled Access, Inc. v. ALA Construction Services, Inc. and Landmark Electric
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  Finally! Some great news! As our readers know, Mark Cobb, was on a drafting committee to revise Georgia’s Lien Laws–particularly as they related to Georgia’s statutory lien waivers. Using the legislative arm of the AGC Georgia (Associated General Contractors), the revisions were drafted and presented to the Georgia Senate. In February, the revisions passed
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As you may be aware, a September 2019 Georgia Court of Appeals case shook the foundation of Georgia’s Lien Laws by taking away contractors’ contract rights through lien waivers. After learning about this legal “disaster”, our attorneys have been actively trying to amend the Georgia Lien Law Statutes legislatively. Since the shelter-in-place orders began popping
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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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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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by Mark A. Cobb Cobb Law Group Since our law firm has a significant core practice area in which we file and perfect mechanics & materialmen’s liens and payment bond claims throughout Georgia, we address prospective clients’ lien questions almost everyday.  We are surprised how many contractors and suppliers’ knowledge of Georgia’s construction lien requirements
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Recently, we wrote a post about Georgia Affidavits of Nonpayment which are documents with which every subcontractor and supplier working on Georgia construction projects should be familiar. In summary, if you sign a lien waiver but you don’t receive payment, then within 60 days of the date of the lien waiver, you must file an
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I signed a Lien Waiver, but I haven’t gotten Paid What Can I Do? We are getting more and more questions about lien waivers every day so that tells me something is rotten in the State of Denmark, but I’ll leave that discussion for another time.  Here, in a nutshell, is an basic overview of
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