Georgia Construction, Bond & Lien Law Blog

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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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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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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When new clients contact us, they frequently have questions regarding bonds used on construction projects; they want to know their rights and obligations under payment bonds and performance bonds.  Sometimes performance or payment bonds are required by law; other times, they are are the option of the project owner or general contract.  Today, we have
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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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In today’s blog, the Cobb Law Group is answering a recent question from a client regarding a general contractor’s right and remedies under the Georgia’s Mechanics and Materialmen’s Act. Question: I’m a general contractor in Georgia, and a subcontractor has placed a mechanic’s lien against our project, what are my rights and how can I
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By Francisco R. García-Soroeta Construction Schedule Delays can occur for a medley of reasons, and they can be caused by any party participating in the project including the owner, design professional, prime contractor, subcontractor or material supplier.  More specifically, claims related to Construction Schedule Delays relate to a period of time for which the project
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Most southeastern states require suppliers and subcontractors to give some sort of Notice of Furnishing or Notice to Owner (“NTO”); however, each state has its own special requirements and relying on one state’s requirements to get through another state’s requirements will land you in hot water.  We get a number a telephone calls each week
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Isn’t a fairy tale a moral story–a tale with a lesson?  Here is a true story of a recent incident which involved good and evil in the lien filing process and, most definitely, a lesson for everyone who needs to file a materialmen’s or mechanics’ lien in Georgia: Day 1: Once upon a time, a
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You probably know that payments bonds are a great way to increase the likelihood of getting paid for the work you perform or the materials you supply on Federal, state and local government projects in Georgia.  But, did you know that private construction projects can also have payment bonds? Public Works Projects and Payment Bonds
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