Georgia Construction, Bond & Lien Law Blog


Breaking News: Governor Kemp Signs 2020 Lien Law Revision into Law

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
Read More

Comments Off on Breaking News: Governor Kemp Signs 2020 Lien Law Revision into Law

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
Read More

The 2017 AIA Construction Contracts Updates

Posted in Case Law,Contracts by Blue Blog on the January 8th, 2018

By:  Robby C. Stubley For nearly 130 years, the American Association of Architects (AIA) has published some of the most popular and widely used forms and documents in the construction industry. Historically, the AIA has continuously revised and updated those documents to reflect current industry standards and conditions, issuing revisions to their standard forms and
Read More

Comments Off on The 2017 AIA Construction Contracts Updates

New Law Strengthens Georgia’s Business Judgment Rule

Posted in Business Law,Case Law by Blue Blog on the October 11th, 2017

by Robby Stubley Recent changes to Georgia’s laws have made changes that impact businesses and their decision makers.  Specifically, House Bill 192, codified at O.C.G.A. § 7-1-490(c) for banks and O.C.G.A. § 14-2-830(c) and § 14-2-842 (c) for corporations, signed by Governor Nathan Deal on May 9, 2017 became effective as of July 1, 2017
Read More

Comments Off on New Law Strengthens Georgia’s Business Judgment Rule

Third Circuit Holds AIA 201’s Arbitration Clause Applies Only to Disputes During Construction

Posted in Arbitration,Case Law,Contracts by Blue Blog on the November 20th, 2016

We are pleased to welcome a guest author for today’s post.  Douglas Dodson is a 2016 graduate of the University of Miami’s J.D./M.B.A. program, and he is pursuing a career in business consulting. By Douglas Dodson, J.D., M.B.A. The prime contract on the majority of construction projects includes a general conditions document, which are then
Read More

Comments Off on Third Circuit Holds AIA 201’s Arbitration Clause Applies Only to Disputes During Construction

Federal Court Rules that Subcontractor Duties Are Not Terminated by Contractor’s Modest Underpayment

Posted in Case Law,Subcontractor Law by Blue Blog on the May 5th, 2016

by Stephanie Dodson Dougherty The Mar-Paul Company, Inc. (“Mar-Paul”) entered into an electrical subcontract with Butch-Kavitz, Inc. (“Butch”) for a renovation project at the Tobyhanna Army Depot in Pennsylvania owned by the United States Army Corps of Engineers. The subcontract amount for electrical and generator work by Butch was $452,000.00. However, the owner of the
Read More

Comments Off on Federal Court Rules that Subcontractor Duties Are Not Terminated by Contractor’s Modest Underpayment

Exceptions to “No Damages For Delay” Clauses

Posted in Case Law,Damages by Blue Blog on the January 26th, 2015

A “no-damages-for-delay” (NDFD) clause is a very common contract term that provides a defense for the delay-causing owner or general contractor to assert against the harmed party’s request for damages. This defense can be applied to protect the owner from a general contractor’s delay claim or the general contractor from a subcontractor’s claim. These clauses
Read More

Comments Off on Exceptions to “No Damages For Delay” Clauses

Recent Case Highlights the Importance of the Construction Contracts

Posted in Case Law,Contracts,Joint Ventures by Blue Blog on the November 26th, 2014

In a case decided on November 17, Inland Atlantic Old National Phase I, LLC et. al. v. 6425 Old National, LLC, the Fourth Division Court of Appeals of Georgia ruled on fiduciary duties owed under joint venture agreements, applied rules of contract construction, and briefly addressed substantial versus strict compliance. Background:  The parties – Inland
Read More

Comments Off on Recent Case Highlights the Importance of the Construction Contracts

Recent Case Hurts Supplier’s Enforcment of Lien

Posted in Case Law,Materialmen's Lien (enforcement),Practical Tips by Blue Blog on the October 30th, 2014

When a building material supplier has not been paid for labor or materials used on a Georgia construction project, that supplier may place a materialman’s lien against the owner of the improved real property; this is true even if the owner has no contractual relationship with that supplier. Such a lien essentially transfers liability from
Read More

Comments Off on Recent Case Hurts Supplier’s Enforcment of Lien

Waiver of Sovereign Immunity in Georgia Contract Claims

Posted in Case Law,Performand Bonds,Public Works Projects by Blue Blog on the October 1st, 2014

Georgia Construction Contract Claims On September 22, the Supreme Court of Georgia ruled that the state’s sovereign immunity is waived for a surety’s claim against a contract with the state in State of Georgia Department of Corrections v. Developers Surety and Indemnity Company. What is Sovereign Immunity? Generally, sovereign immunity protects the state and other
Read More

Comments Off on Waiver of Sovereign Immunity in Georgia Contract Claims
Next Page »