Georgia Construction, Bond & Lien Law Blog

by Mark A. Cobb Last week, our construction attorneys wrote a contract provision that took into account issues related to COVID-19 (commonly called the Coronavirus disease). Since that time, we have heard from many of our clients about their concerns regarding the virus and the many impacts which might result from it. Needless to say,
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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 As a Construction Law Firm working throughout Georgia, we stay very busy. Licensing requirements to maintain a law license in Georgia are very strict so we pick only the highest caliber continuing legal education opportunities available to construction attorneys. Recently, Mark Cobb was able to attend the American Bar Association’s (ABA’s)
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by Mark A. Cobb, Attorney at Law and Georgia Certified Mediator It doesn’t matter whether we are negotiating construction contracts on behalf of a client or we are discussing a construction collection matter with a potential client, the conversation inevitably includes a discussion of the construction contract’s dispute resolution clause.  These provision may draw a
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  Experienced Georgia Construction Lawyer, Mark Cobb, will be presenting at an AIA Contract Document Workshop to be held in Atlanta, Georgia on Wednesday, March 13, 2019. This Seminar is designed for construction professions who use or negotiate construction contracts published by the AIA (American Institute of Architects). The various topics to be covered by
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Is a Notice of Intent to Lien Required in Georgia? Notices of Intent to Lien documents can be confusing to subcontractors and material suppliers; particularly those who work in–or supply to–projects in multiple states.  That’s primarily because these Notices of Intent to File Liens are only required in certain states and most states only require
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When it comes to Federal construction contracts and Federal construction law, there aren’t too many pieces of legislation that are more impactful than the Miller Act.  The Miller Act is a law that applies to every construction project that is headed by the federal government (or with some minor alterations state projects under their own
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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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