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
Tag: Mechanics 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
Value in Recording Lien Within Effective Notice of Commencement
David Adelstein | Florida Construction Legal Updates Construction lien priority is no joke! This is why a lienor wants to record its construction lien within an effective notice of commencement. A lien recorded within an effective notice of commencement relates back in time from a priority standpoint to the date the notice of commencement was recorded. A… Continue reading Value in Recording Lien Within Effective Notice of Commencement
Fraudulently Filing Lien Backfires on Contractor
J. David Pugh and Amandeep S. Kahlon | Buildsmart Liens represent one of the primary mechanisms by which contractors, subcontractors, and other downstream parties secure payment rights under a construction contract. When utilized properly, filing a lien may induce an owner to release funds that are undisputedly owed to the lienor. However, when a party’s… Continue reading Fraudulently Filing Lien Backfires on Contractor