Carson Law Blog

Construction Law and Personal Injury

Carson Law Blog

The Contractor's Affidavit. . .Ahh, so you HAVE been paid!

A contractor’s affidavit is a sworn statement by a contractor (defined not to include a subcontractor) or an owner, that the full contract price has been paid and that all subcontractors and material suppliers have been paid. A ...

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Lien Waivers and Lien Discharge Bonds

If a lien waiver is filed after a bond to discharge lien has been filed, the lien waiver does not waive the lien claimant’s claim against the lien discharge bond. See Benning Construction Co. v. All-Phase Electric Supply Co., 206 Ga. App. 279 ...

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Lien Waivers: What they don't release. . .

While a lien waiver waives the lien as to the property on which the improvements have been made, it does not release the contractor from its obligations to the lien claimant. See David Shapiro & Co. v. Timber Specialities, 141 Ga. App. 354 (1977); ...

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Preparing the lien, what language needs to be included

The contents of the lien is controlled by Georgia Law. O.C.G.A. § 44-14-361.1(a)(2) This code section sets forth a statutory model for the language required to be included in the lien. An example form follows: (name of company claiming lien), a ...

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Lien prerequisites. . . .a Contract.

Before you can file a claim of lien (in order to lien real estate on which the work is completed) there must be a contract for the work in question and the owner of the real estate (or real property interest) on which the work is being done must ...

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Notice of Commencement and Notice to Contractor

What is a Notice of Commencement and Notice to Contractor and when do they apply to me? If you are working as a subcontractor and don't have a direct contract with the general contractor the filing of a Notice of Commencement on a project will ...

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What's a lien and why are you filing?

What is a lien? A lien is a claim for materials or services which attaches to the real property being improved. The document initially filed is called a "claim of lien" and acts as notice to the general contractor or owner that you have a claim for ...

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Qualifying Agent Requirements for Construction Companies

Qualifying Agent Requirements for Construction Companies...its not just pulling permits! Georgia law requires that each business organization which practices residential or general contracting have a “Qualifying Agent.” The Qualifying Agent ...

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FLSA...an overtime trap for the unwary! How to protect yourself.

The FLSA wage overtime laws require employers to pay time and one half of an employee’s regular wages for any hours worked in excess of 40 hours in any given week. Mistakes can easily be made by companies engaged in construction in assuming that ...

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Are you exempt from overtime wage requirements under the FLSA? Follow up:

Are you exempt from the overtime wage requirements of the FLSA? Check out Rodriguez v. Home Heroes, LLC In follow up to our last post regarding employer liability for overtime wages under the Fair Labor Standards Act, although 29 CFR 779.317 ...

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