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
Tag: Lien Waiver
Construction Lien Waiver Provisions Contractors Should Be Using
Jason Lambert | Construction Executive It is common in construction for a subcontractor or material supplier of any tier to be required to provide a lien waiver when receiving payment. But not all lien waivers are created equal. While at a minimum, a lien waiver, by definition, needs to include a release of liens, it… Continue reading Construction Lien Waiver Provisions Contractors Should Be Using
Georgia’s Court Of Appeals Holds That Lien Waivers Waive Breach Of Contract Claims
Derek M. Andre, Darren G. Rowles and William E. Burnett | Smith Gambrell & Russell | November 15, 2019 A recent decision by the Georgia Court of Appeals will force most construction professionals to radically change their view of the scope and effect of statutory lien waivers in the state of Georgia. In ALA Construction Services,… Continue reading Georgia’s Court Of Appeals Holds That Lien Waivers Waive Breach Of Contract Claims
Liens With Intentionally Incorrect Information May Still Be Enforceable
Adam L. Gill and Jeffrey L. Hamera – Duane Morris – September 8, 2014 Generally, lien waivers that contain fraudulent information are not enforceable. However, not all intentionally misleading statements are fraudulent. The crux of the issue is whether a lien waiver simply states that the subcontractor has been paid a specific amount or whether… Continue reading Liens With Intentionally Incorrect Information May Still Be Enforceable