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
Category: Mechanics Lien Rights
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
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
Georgia Legislature Significantly Changes Effect and Requirements for Lien Waivers
S. Gregory Joy | Smith Currie Both Houses of the Georgia Legislature have approved Senate Bill 315, which is designed to change the outcome of a 2019 Georgia Court of Appeals decision that interpreted the existing law in a way that surprised and alarmed many construction industry participants. Presuming the Bill is not vetoed by Governor… Continue reading Georgia Legislature Significantly Changes Effect and Requirements for Lien Waivers