The lawyers and staff of the Cobb Law Group understand business, collections, and construction law; thus, we know that your bottom line is vital to your success as a company, and there are many way we can help you collect your past-due accounts. When your credit manager has exhausted collection possibilities and you need a third-party collection law firm with decades of experience, contact our staff to discuss your options. We regularly work with Fortune 500 companies who provide equipment and materials on Georgia’s construction sites as well as regional and local subcontractors and general contractors, architects, engineers and other construction professionals who have not been paid for their work and services.
Construction contractors and suppliers have many more options available to them under Georgia law than standard commercial collections; such unique recovery options include preliminary liens, mechanics & materialmen’s liens, payment bond claims, Miller Act claims, Little Miller Act Claims, Prompt Payment Act remedies, and Affidavits of Nonpayment. We understand how these various opportunities can be best utilized for our client’s interests and we have an proven track record of successful collections for our clients at affordable rates.
If you have provided work on any Georgia construction project and you have not received payment, contact us today to discuss your legal rights and remedies.
The following are some frequently questions which we get asked regarding construction collection issues in Georgia (including materialmen liens and payment bond claims):
Why are “Construction Collections” Different from Other Types of Commercial Collections? Virtually every business experiences collection issues at some point–contract breach, early termination of contract, nonpayment, theft of services, etc. And, Georgia law offers some very viable collection remedies; fortunately for certain businesses who supply construction materials, perform specialty subcontractor work, general contractors, laborers or other construction industry professionals, Georgia law (and federal law too!) offers some unique and advantageous opportunities that can greatly increase your recovery rate.
What are Some of the Collection Advantages Granted to the Construction Industry? That’s a great question, but the answer is too long and too complicated to include in a short construction collection Q&A. Each situation is different, but in addition to your standard contract rights or commercial open account rights, someone working on or supplying to a Georgia construction site may also be able to look to a third party (such as a project owner, an in rem action against the real estate, a payment bond company, or a GC’s retainage) for payment. There may also be opportunities to use a Notice to Owner (also called Notice of Furnishing and Notice to Contractor) or a Georgia preliminary lien to prevent bad debt in the first place. Also, contractors and suppliers may be able to file (and foreclose upon) a Georgia Mechanics and Materialmen’s Lien, make a claim against a payment bond (also called a construction bond or surety bond), make a Miller Act or a Little Miller Act claim, or file an Affidavit of Nonpayment to help recover past due balances more quickly without litigation. If litigation is necessary, then you may have unique rights to claim a construction trust against retainage or you may have the right to claim a cause of action based upon quantum meruit or unjust enrichment. In addition to your contract rights, Georgia’ Prompt Payment Act might entitle you to additional rights including collection of pre-judgment interest and attorney’s fees. Of course, to navigate these waters, the construction collection lawyers at the Cobb Law Group understand each of these facets and advantageous to help you recovery your debt as quickly and as affordable as possible.
Are There Other Ways That I can Increase our Recovery Rate? Absolutely. Our staff and construction lawyers understand your business and the business of collection law. For a typically economical amount, we can consult with your company to review and strengthen the contracts you sign to include such terms as forum selection clauses (to save you travel time and costs in the event of a lawsuit), terms to increase the likelihood of being awarding interest on your past-due balances and attorneys fees and costs of collection. In addition, we suggest adding teeth to the terms and conditions section of your invoices and statements, we can help you create personal guarantee which are enforceable in Georgia in case the business who contracts with you seeks bankruptcy protection or closes its doors; also, because we understand the post-judgment collection process, we can easily help you create account applications which provide you with useful tools and practical information to aid your collections (before and after litigation). After all, isn’t the goal to get your money as soon as possible to improve your cash-flow? Our Georgia collection attorneys can help you prevent bad debt from occurring in the first place.
Are the Cobb Law Group’s Fees Affordable? Yes. We strive everyday to bring value to our clients’ matters. First, we understand your goal is to collect the money you are due–not to drag the process out to force additional attorneys fees. Second, we consult with our clients regularly so that they are informed of their options and are included in determining strategy. Also, our collection efforts are not “cookie-cutter”. We other many different options depending upon the distinctive facts of the situation, but are clients are the decision makers. Through our Georgia Virtual Law Firm, we offer some of our standard documents at steeply discounted rates including standard demand letters which many clients find to be an affordable, easy and efficient way to improve their revenues. Plus, if you need more, our Georgia lien and bond lawyers have over twenty-five years of experience with preparing and filing every type of construction lien, perfecting and foreclosing upon liens, filing payment bond claims, and every other remedy available to contractors, subcontractors and material suppliers working or supplying to Georgia construction projects.
What Make the Attorneys at the Cobb Law Group Different? Because we practice almost exclusively in the area of Georgia construction law (which includes Georgia lien law and payment bond law), we have tremendous experience in helping clients with their materialmen and payment bond rights. In addition, we are a small, personal firm who places our clients first; we understand their businesses; and we try harder to expedite their work quickly and efficiently. Plus, we return every telephone call within one business day!
Call Us Today: If your company experiences past due and late payments, contact the professional and experienced construction collections lawyers at the Cobb Law Group today. Please email us today or call us at 770-886-5890 today.