Materialman Liens & Payment Bonds in Valdosta, Lowndes County, Georgia

When we expanded our construction law practice to include all of south Georgia, we were amazed at the wonderful natural landscape and all the tremendous construction opportunities found in Valdosta and throughout Lowndes County.

Since our South Georgia Office is so convenient to Valdosta and Lowndes County, we have seen a growth in our practice in two ways: First, we represent some of Valdosta’s finest construction professionals including general contractors, specialty trade subcontractors and suppliers or wholesalers of building materials. Second, we represent many companies which have provided labor, equipment, materials or services to projects located in Valdosta or elsewhere in the county. We have filed countless mechanics and materialmen’s liens in Lowndes County as well as successfully handled a significant amount of payment bond claims including surety claims related to Moody Air Force Base.

The construction industry is booming in south Georgia, and Valdosta is leading the way. As a transportation center with Interstate 75, major state and federal highways, regional airport and major railways, its easy to understand why Valdosta is so important to our state’s economy and there is a great deal of movement of lumber and other building materials in and around the area. In addition, there are plenty of public works projects resulting from construction on Moody Air Force Base and the many schools including Valdosta State university, Wiregrass Georgia Technical College, Valdosta Technical College and Georgia Military College (branch campus), as well as the public school board projects from Valdosta and Lowndes County’s systems.

With all its beautiful and historic homes and buildings, the Rainwater Conference Center and attractions such as Wild Adventures, there is a lot happening in south Georgia’s hub, and the construction attorneys of the Cobb Law Group are there to help!

As many of our area clients already know, our lawyers and staff are unparalleled in the region for construction contract drafting, interpretation and negotiation. But, a very significant part of our 23-year old practice has been helping clients with payment issues under their contracts. We represent so many material suppliers and specialty trade subcontractors, that we have started a regional and national trend in “Subcontractor Law”. And that includes pursuing payment rights as well as other rights unique to these construction industry professionals.

We help industry professionals in so many ways that an exhaustive list of all of our services would be impossible to include here, but core areas of our practice include:

• preparation and filing of Notices of Commencements
• preparation and filing of Preliminary Lien Notices
• compliance with Georgia’s Statutory Notice Scheme
• preparation and filings of lien claims pursuant to Georgia’s Mechanics and Materialmen’s Lien Statutes
• enforcement of liens (including materialmen lien foreclosure)
• Payment Bond Claims / Surety Claims under the federal Miller Act as well as under Georgia’s Little Miller Act
• contractor licensure issues
• construction contract drafting (including AIA, ConsensusDOCS, and custom contracts)
• contract breach and remedies
• payment bond and performance bond issues
• and many, many more related services

Just like building a structure, it’s very important that your attorney focuses and understands the unique needs of the construction industry; when there is a payment issue and deadlines are looming, that is not the time to call a general practice attorney who “thinks” or has a “gut” feeling about your remedies. Instead, you need a Georgia lien and bond lawyer who can help you understand your rights and, more importantly, your options.

Yes, Georgia’s liens and bonds laws are great resources for those seeking payment for their contract breeches, but those are not the only remedies available to Georgia’s contractors and materialmen. You may also have rights under your contract, under Georgia’s criminal prosecutions statutes, Georgia’s Prompt Payment Act as well as be a third-party beneficiary to an insurance contract. Knowing ALL of your optoins can reduce your legal costs and led to a speedier recovery.  If you seek a lawyer who can help with you will all of your construction law issues including prompt filing of all types of construction liens and or surety claims, please contact us today.

We have filed thousands of materialmen’s liens through out Georgia including Valdosta and Lowndes County, and we are always striving to educate our clients to (i) avoid payment claims altogether and (ii) to know when to pursue their claims for a lien against the project or a payment bond claim protecting on the project. Some of the deadlines or statute of limitations which our clients in Lowndes County may find useful include the following:

• If a GC receives request for copy of the Notice of Commencement, then they have 10 days from receipt of request to send the copy
• Notice to Owner & Notice to Contractor (Notice of Furnishing): Those without privity of contract with the owner must send these documents within 30 days from the first day in which materials, labor or services are first supplied
• If a Georgia statutory form lien waiver has been signed, but payment is not received, then an Affidavit of Nonpayment must be filed within 60 days of the date of the lien waiver
• Preliminary Liens are filed within 30 days after the date a party delivered any materials or provided any labor or services for which a lien may be claimed
• Materialmen’s Lien Claims must be filed within 90 days of the last day worked (unless the time reduced by a valid lien waiver)
• Payment Bond Claims and Surety Claims must be made within 90 days of the last day worked (unless time reduced by a valid lien waiver)
• Lawsuit to Perfect a Lien if no Notice of Contest is filed must be filed within 1 year of lien filing date
• Lawsuit to Perfect a Lien if a Notice of Contest has been filed must be filed within 60 days of the filing of the Notice of Contest
• Lawsuit on a Bond Claim has different deadlines depending on the specific payment bond and/or payment bond claim type; typically, the deadline is within 6 months to 1 year
• Notice of Action of Filing Suit must be filed within 30 days of filing a lawsuit

Please remember, if you have any construction law need including the filing a materialmen’s lien or a payment bond claim in Valdosta, Lowndes County, or anywhere else in Georgia, then please contact us today.

Many potential lien claimants understand that all mechanics and materialmen’s liens are filed with the clerk of court in the county where the project is located. Thus, for example, if you performed work or provided materials or services on a private project in Lowndes County, then your claim of lien will need to be filed at the courthouse in Valdosta. For informational purposes only, the following information may be useful:

Clerk of Court’s Physical Address:
Lowdes County Superior Court Clerk
ATTN: Materialmen’s Lien Filing Desk
327 N. Ashley St.
Valdosta, GA 31601

Clerk of Court’s Mailing Address:
Lowndes County Superior Court Clerk
ATTN:  Materialmen’s Lien Filing Desk
P.O. Box 1349
Valdosta, GA 31603

Clerk of Court’s Telephone Number:
(229) 333-5127

Website:
https://www.lowndescounty.com/241/Clerk-of-Court

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.