Before expanding our offices to southwest Georgia, we knew that Albany was a significant hub for construction; but after we we opened our offices in 2007, we were amazed at the quality and sophistication of Dougherty County’s construction industry. And we have helped a great number of clients enforce their rights to file mechanics and materialmen’s liens and payment bond claims to collect money they are owed in Albany and throughout the county.
Albany and its surrounding area is a great place to live, but it is also a great place to base a construction or subcontracting business. With numerous amenities including the Phoebe Putney Health System, the Southwest Georgia Regional Airport, the Marine Corps Logistics Base and great schools such as Albany State University, Darton State College and Albany Technical College, there is always a great deal of construction projects in and around the area.
Unfortunately, however, sometimes those working on (or supplying to) these types of projects do not recieve payment for their work. Perhaps, there a default claim, slow-pay, or a lending issue; to the unpaid worker, on the other hand, it doesn’t matter why payment isn’t being made — it just matters that payment isn’t being made. When payment is made, then we can help.
What We Do
For more than 20 years, the Cobb Law Group has excelled in its statewide practice in Georgia construction law with an emphasis on filing materialmen’s liens, mechanic’s liens, and construction liens as well as enforcing payment bond claim rights, Miller Act and Little Miller Act litigation, business & corporate law and commercial collections for the construction industry. We represent numerous businesses, material suppliers, specialty subcontractors, general contractors, and others in the field throughout Georgia.
We are not general practitioners; instead, we focus our practice towards those in the construction industry. Our firm represents clients in all Georgia state and federal courts in the preparation and filing of mechanics’ liens; perfecting, enforcing and foreclosing upon materialmen’s liens; making claims against payment & surety bonds, and all aspects of construction litigation related to materialmen’s liens and payment bond enforcement.
Non-Payment on Private Construction Projects in Dougherty County, Georgia (Albany):
Subcontractors and building supply companies most likely have several remedies available to them in the event they are not paid for their work on construction projects, and you can rely upon our decades of experience to help you. Some typical remedies include the following
- filing a Claim of Lien under the Georgia mechanics and Materialmen’s Lien Statute;
- filing a Preliminary Lien (in order to defeat a contractor’s affidavit);
- filing an Affidavit of Nonpayment (in order to “void” a lien waiver which you may have signed);
- making a claim against Georgia’s Prompt Payment Act;
- on some larger projects, you may also make a claim against a payment bond;
- and many others
In order to take advantage of these techniques deadlines must be met. For example, all Georgia lien claims must be filed within 90 days of the last day in which the lien claimant actually worked on the project (which is not necessarily the same as the invoice date!) If a lien waiver was signed (but payment was not received), then the statute of limitations for filing the lien claims shifts: the lien-filing deadline will be either (i) 90 days from the last day worked on the project or (ii) 60 days from the date of the lien waiver WHICHEVER IS SHORTER!
In order to have a successful lien claim in Albany or Dougherty County, it is vital that you choose an attorney who understands all of the variables which make the difference between getting paid and losing your claim.
Non-Payment on Governmental Projects in Dougherty County, Georgia (Albany):
Because of public policy, materialmen’s liens cannot be placed against publicly owned property. In order to protect contractors and suppliers, however, both the federal government and the state government have enacted legislation that requires “payment bonds” on most government public works projects. Thus, instead of filing a mechanics and materialmen’s lien, an unpaid contractor should make a claim against the payment bond covering the project (which is frequently referred to as making a claim against the construction surety).
To further complicate matters, the federal government has it’s statutes which are usually called the Miller Act, and the state of Georgia has it’s statutes which are usually referred to as the Little Miller Act. Although the Miller Act claims process and the Little Miller Act claims process are similar THEY ARE DIFFERENT. And, its very important to select a Georgia construction lawyer who is familiar with all of these differences. Particularly when you are talking about the potential projects in Albany which included federal projects on the Marine base and State of Georgia projects on its many schools and colleges.
You Can Rely Upon the Construction Law Services of the Cobb Law Group:
From our multiple offices, technologies and over 23 years of experienced, we understand the laws (and the practicalities) of preparing and filing all types of construction lien claim and claims against the payment bond. We have helped untold numbers of clients recovery their money on private and federal projects located in Albany, Dougherty County and throughout Georgia. Our unique approach to construction collections and our understanding of subcontractor and supplier rights have made our services unparalleled in the state.
In fact, our construction attorneys regularly publish and speak on topics such as preserving your right to file a lien, preliminary liens vs. materialmen’s liens, Georgia lien waivers and Affidavits of Nonpayments, How to Defeat a Georgia Contractors Affidavit, Filing Materialmen’s Liens, Enforcing Lien Rights in Georgia and How to Foreclosure Upon a Materialman’s Lien. We have led the charge for “Subcontractor Law” in Georgia, and we can help you to.
If you have any construction law needs including the filing of a materialman’s lien, making a payment bond claim or Miller Act claim–or any of type of construction law issue–please contact us today. In addition to our substantial lien and payment bond practice, we also draft and negotiate construction contracts, handle all manner of construction defaults, mediation, arbitration, delay claims, bid protests, contractor licensing issues and just about anything else important to operating a contracting business in Georgia.
Since we operate throughout the State of Georgia, you can contact us with any of our legal questions or issues. Let us help you today!
Contractor and Supplier Liens (in other words, all Georgia construction liens) must be filed in the lien docket maintained by the Clerk of Superior Court in the county where the construction site was located. Thus, a lien claimant who performed work or provided other services, equipment or materials on a private project in Albany or Dougherty County, Georgia would need to file the lien at the Dougherty County Courthouse:
Clerk of Court’s Physical Address:
Dougherty County Superior Court Clerk
ATTN: Materialmen’s Lien Filing Desk
225 Pine Avenue, Room 126
Albany, Georgia 31701
Clerk of Court’s Mailing Address:
Dougherty County Superior Court Clerk
ATTN: Materialmen’s Lien Filing Desk
P.O. Box 1827
Albany, Georgia 31702
Clerk of Court’s Telephone Number:
Mechanic’s Lien Filing Fees:
$5.00 for the first page and $2.00 for each additional page
The information contained on this website is for information purposes only; you are directed to consult with your attorney regarding the risks involved in filing mechanics and materialmen’s liens as well as all other aspects of lien filing including, but not limited to proper forms, conditions precedent, legal descriptions, notice requirements, and the statutes of limitations. Nothing contained herein creates an attorney-client relationship between the Cobb Law Group and you. Furthermore, no warranties, expressed or implied, are provided for the data herein, its use or interpretation. Please contact us for further information.