In Stock Building Supply, Inc. v. Platte River Insurance Co.,[1] the Court of Appeals dealt with issues of judicial estoppel, bankruptcy, retroactive application of statutory… Read More »Subcontractor Not Estopped from Enforcing Lien Not Listed In Bankruptcy Petition
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
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
A recent Georgia case illustrates that many in the construction industry still believe that CGL insurance policies exclude coverage for defective construction – a belief that resulted in loss of coverage for one contractor. The court affirmed that, “while construction defects constituting a breach of contract are not covered by [CGL] policies, negligently performed faulty workmanship that damages other property may constitute an ‘occurrence.’”
Based on a mistaken belief of no coverage, a contractor failed to provide timely notice to its insurance carrier. As a result, the court dismissed the CGL insurer from the case, leaving the contractor (and the owner) without insurance coverage for substantial damages. Read More »Construction Industry Still Unaware of Potential CGL Coverage Related to Faulty Workmanship
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
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