D. Bryan Thomas and Kyle M. Doiron | Buildsmart After a number of controversial bills proposed from various industry groups over the last few years, the Tennessee construction community came together in 2020 to push through legislation intended to protect members of the construction industry. A cornerstone of that attempt was gaining lien priority –… Continue reading The Impact of the 2020 Tennessee Construction Legislation
Category: Mechanics Lien Rights
Overstated Lien is Void; Contractor Thus Liable to Owner for Damages
Stanley A. Martin | Commonsense Construction Law The New York lien law, similar to lien laws in some other states, calls for rejection of a lien if it has been “willfully exaggerated.” A New York Appellate Division court has upheld rejection of a contractor’s lien for that reason. Contractor and homeowners signed a contract for… Continue reading Overstated Lien is Void; Contractor Thus Liable to Owner for Damages
Who Can Issue a Stop Notice?
Mark Bogard | Jaburg Wilk Construction attorney Mark Bogard explains how a stop notice can be used by contractors and suppliers to ensure payment.Play Video
New Georgia Law Confines Statutory Lien Waivers to a Claimant’s Lien Rights
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
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