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: Georgia
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
Who is a “Contractor” as Used in “Unlicensed Contractor”?
Taylor Orgeron | Autry, Hall & Cook A recent Georgia Court of Appeals case established a rule concerning the effect of an unlicensed contractor failing to disclose that he is unlicensed. In Fleetwood v. Lucas,[1] the contractor was hired by the homeowners to perform renovations on two homes. One of the projects went over budget, and the… Continue reading Who is a “Contractor” as Used in “Unlicensed Contractor”?
Georgia House Bill Addresses Construction Statute of Repose
Jason Gropper | Autry, Hall & Cook On March 2, 2020, by a unanimous vote, the House passed HB 968. This Bill seeks to clarify which civil actions are subject to Code Section 9-3-51, which is the eight-year statute of repose for deficiencies in connection with improvements to realty. If passed by the General Assembly, it would explicitly state that the statute of repose will not apply to breach of express warranties. If the… Continue reading Georgia House Bill Addresses Construction Statute of Repose
Builders Beware: Georgia Court Rejects Suit by Unlicensed Contractor for Unpaid Work
Kevin Levy | Saul Ewing Arnstein & Lehr Unlicensed contractors in Georgia recently were dealt a blow by the state’s Court of Appeals when three judges held that a contractor’s failure to possess a valid state contractor’s license precluded the contractor from bringing a lawsuit for unpaid fees. In Fleetwood v. Lucas, __ S.E.2d __, 2020… Continue reading Builders Beware: Georgia Court Rejects Suit by Unlicensed Contractor for Unpaid Work