William R. Wildman and Peter M. Szeremeta | Eversheds Sutherland On August 5, 2020, Georgia Governor Brian Kemp signed into law a revised version of Georgia’s mechanics’ and materialmen’s lien statute. Under the new law, a claimant’s submission of a statutory lien waiver will only impact that claimant’s lien rights, and the waiver will not… Continue reading New Georgia Law Confines Statutory Lien Waivers to a Claimant’s Lien Rights
Category: Mechanics Lien Law
Georgia Owners and Contractors: Time to Update Your Lien Waiver Forms and Other Contract Provisions
Daniel Miktus and Robin N. Johnson | Akerman Construction owners and contractors in Georgia rely heavily upon the statutory protections provided by Georgia’s mechanic’s lien waiver law, O.C.G.A § 44-14-366. Beginning January 1, 2021, these protections will be narrowed under a new law signed by Georgia Governor Brian Kemp on August 5, 2020. Owners and… Continue reading Georgia Owners and Contractors: Time to Update Your Lien Waiver Forms and Other Contract Provisions
New Georgia Law Confines Statutory Lien Waivers to a Claimant’s Lien Rights
Peter Szeremeta and William Wildman | Eversheds Sutherland On August 5, 2020, Georgia Governor Brian Kemp signed into law a revised version of Georgia’s mechanics’ and materialmen’s lien statute. Under the new law, a claimant’s submission of a statutory lien waiver will only impact that claimant’s lien rights, and the waiver will not extend to… Continue reading New Georgia Law Confines Statutory Lien Waivers to a Claimant’s Lien Rights
Changes to Va. Code Section 43-13: Another Arrow in a Subcontractor’s Quiver
Christopher G. Hill | Construction Law Musings As is always the case here in Virginia, our General Assembly has made some legislative changes that affect construction contracting. One of these changes is an amendment to Va. Code 43-13 found in the mechanic’s lien section of the Virginia Code. This section of the code has always required that any money paid to… Continue reading Changes to Va. Code Section 43-13: Another Arrow in a Subcontractor’s Quiver
When Does a Mechanic’s Lien Go Into Effect?
Kent B. Scott | Babcock Scott & Babcock The Utah Mechanic’s Liens Act needed some clarification on when exactly a mechanic’s lien goes into effect. That clarification came in February 2015 from the Court of Appeals of Utah. In the case Pentalon Construction, Inc. v. Rymark Properties, LLC the court ruled that “nearly completed excavation… Continue reading When Does a Mechanic’s Lien Go Into Effect?