Can a Mechanics or Materialmen’s Lien Result in a Slander of Title Claim in Georgia?
As founding member of the Cobb Law Group, Mark A. Cobb has been a Georgia construction attorney for more than 25 years; he regularly speaks and writes legal articles regarding Georgia Materialmen’s Liens, Construction Contracts, Miller Act Claims, Construction Litigation, and other areas related to construction law Preparing and filing mechanics and materialmen’s liens on
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GA Court Denies Payment Bond Requirement for Cleaning and Maintenance Contract
by Mark A. Cobb A Georgia Court of Appeals recently published its opinion in Board of Regents of the University system of Georgia v. Brooks, and the holding impacts businesses providing janitorial and general maintenance on Georgia’s public buildings. The Background Facts The Plaintiffs’ employer entered into a maintenance and service contract with Georgia
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GA Court of Appeals–If Contractor Does Not Give Notice, Then No Additional Claims Allowed
by Mark A. Cobb Last week, the Georgia Court of Appeals decided Western Surety Company v. Department of Transportation holding that a construction contract’s claim notice provisions were enforceable which, in turn, invalidated the prime contractor’s request for additional funds due to increased material costs. This holding underscores every contractor and subcontractor’s need to be
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Breaking News–Supreme Court Victory for Subcontractors
by Mark A. Cobb In its December 3, 2013 ruling, the U.S. Supreme Court took a very important stand in favor of subcontractors! For those of us watching Atlantic Marine Construction Co., Inc. v. United States District Court for the Western District of Texas, et al. closely, we were delighted to see that the Supreme
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Legal Challenge to Georgia Appeals Court Decision Exposing Subcontractors to Third-Party Claims
by: Mark A. Cobb Cobb Law Group As members of the American Subcontractor’s Association (“ASA”), the Cobb Law Group is pleased to pass along the following information from a recent ASAToday weekly news bulletin: “ASA is asking the Georgia Supreme Court to overturn a decision that ASA warned ‘could result in increased liability
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Tardy Notice of Commencement Valid says GA Court of Appeals!
As you are aware, Georgia’s lien statutes require that third tier suppliers and subcontractors (those not in privity of contract with either the general contractor or the owner) file Notices to Owners IF the general contractor or the project owner filed a Notice of Commencement. Furthermore, according to the Georgia statutes, the Notice of Commencement
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New Georgia Case Allows GC’s Some Leeway with Notices of Commencement
We are always on the lookout for cases which affect our clients’ right to file materialmen’s liens; last week, the Georgia Court of Appeals handed down a decision that allows general contractors a little leeway with getting their Notices of Commencement correct. Basically, the fact of the case are very common: a supplier to a
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Follow-Up: Lien Claimants Beware of Typographical Errors in Liens!
Before the weekend starts, we wanted to comment on the recent flurry of Georgia cases involving mechanics and construction liens. There have been multiple rulings, and I’m pleased to report that for the most part, they interpret Georgia’s lien laws in favor of material suppliers, subcontractors, and lien claimants! In the next several posts, we’ll
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Georgia Case Reminds Subcontrators & Suppliers to File Liens ASAP!
In our last blog we told you about some bad news to Georgia’s Lien Claimants, but we promised to share some better news in this installment. In addition to the case discussed in our last article, a second Georgia Court of Appeals case styled, Georgia Primary Bank v. Atlanta Paving, Inc., offers some hope for
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Some bad news for Georgia Lien Claimants!
PRACTICAL TIP: Liens must be precise, it is very important that your liens do not contain any typographical errors!