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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Lien Laws
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
Lien Actions Versus Lien Foreclosure Actions
The lawsuits required to perfect and foreclose upon a lien have confused lien claimants and their attorneys for years. This confusion was recently demonstrated in… Read More »Lien Actions Versus Lien Foreclosure Actions
Subcontractor’s Lien Upheld Despite Not Identifying Contractor
Must a subcontractor’s claim of lien identify the contractor in order to be valid? In the recent case of Robertson v. Ridge Environmental, LLC, the… Read More »Subcontractor’s Lien Upheld Despite Not Identifying Contractor
Georgia Amends Lien Statute to Cover General Conditions and Other Contract Costs
The Georgia legislature recently amended the lien statute to effectively reverse a ruling by the Georgia Court of Appeals that prevented lien claimants from recovering… Read More »Georgia Amends Lien Statute to Cover General Conditions and Other Contract Costs
Lien Priority: Not Always Just a Matter of Filing
Non-payment can place contractors, subcontractors, and suppliers in a precarious cash-flow situation. On most jobs, they outlay their capital and hard work in advance of payment by the owner. They rely on the owner to pay the correct amount at the time provided in the agreement. When private owners fail to pay, contractors, subcontractors, and some suppliers can generally resort to filing liens to encourage payment. As one case illustrates, liens do not always provide adequate security of payment. Read More »Lien Priority: Not Always Just a Matter of Filing