Changes in the Law on Lien Waivers
Among many things to look forward to in 2021, we can add a new lien law to the list. Effective January 1, 2021, Georgia’s Lien… Read More »Changes in the Law on Lien Waivers
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Contractual Limitations Period
Court of Appeals Invalidates Lien under Dormancy Clause
On October 27, 2016, the Georgia Court of Appeals determined whether the Dormancy Statute, which bars the enforcement of judgments after seven years, applied to… Read More »Court of Appeals Invalidates Lien under Dormancy Clause
Contractual Limitations Period Must Have Clearly Identifiable Starting Point
Many construction-related contracts contain a contractual period of limitations — a contract term that establishes a period of time during which a party must file a claim against the other party (“limitations provision”). Such a contractual provision precludes an aggrieved party from filing a lawsuit after the period expires. They are generally enforceable in Georgia.
In Carrier Corp. v. Rollins, Inc., the Court of Appeals of Georgia interpreted a limitations provision contained in a $2 million contract for installation of an HVAC system at the owner’s headquarters. The owner filed suit alleging that the HVAC system installed by the contractor never functioned properly. Read More »Contractual Limitations Period Must Have Clearly Identifiable Starting Point