David Adelstein | Florida Construction Legal Updates When it comes to preparing and recording a construction lien, this case is an example of what NOT TO DO! I mean it — this exemplifies what NOT TO DO! It is also a case study of why a party should always work with counsel in preparing a… Continue reading Don’t do this When it Comes to Construction Liens
Category: Mechanics Lien Law
Georgia Changes Lien Law
Jennifer Grippa | Miles Mediation & Arbitration On August 5, 2020, Georgia Governor Brian Kemp signed a new law, Senate Bill 315, changing Georgia’s lien law statute, O.C.G.A. 44-14-366. The new statute, effective January 1, 2021, makes clear that lien waivers only waive lien or bond rights against the property and do not waive the right to file a lawsuit for non-payment. The change in… Continue reading Georgia Changes Lien Law
Change in Georgia Lien Law
William P. Baucom, Jason D. McLarry, Alexandra C. Apple and Hailey Barnett | Troutman Pepper On August 5, 2020, Governor Brian Kemp signed Georgia Senate Bill 315 into law. This new law, which is codified at Title 44, Chapter 14, Section 366 of the Official Code of Georgia Annotated, substantially changes the way Georgia interprets… Continue reading Change in Georgia Lien Law
The Notice of Contract Mechanism: How Contractors Can Avoid Double Payment
Jason Strickland | Ward and Smith As the economic crisis stemming from the coronavirus pandemic unfolds, it is ever more important that contractors and subcontractors protect their payment rights and avoid the risk of double payment; i.e., the risk of having to pay twice for the same work. On private projects in North Carolina, one… Continue reading The Notice of Contract Mechanism: How Contractors Can Avoid Double Payment
Georgia Governor Signs Bill To Legislatively Overrule Court Decision Construing Lien and Bond Waivers to Waive All Rights – But Bill Is Not Effective Until 2021
R. Lee Mann and Jacob Edwards | Kilpatrick Townsend & Stockton On August 5, 2020, the Governor of Georgia signed Senate Bill 315 to legislatively overrule a September 2019 decision by the Georgia Court of Appeals on the effect of a lien claimant’s failure to withdraw a lien waiver using the statutory process for invalidating… Continue reading Georgia Governor Signs Bill To Legislatively Overrule Court Decision Construing Lien and Bond Waivers to Waive All Rights – But Bill Is Not Effective Until 2021