Carson Law Blog

Construction Law and Personal Injury

Carson Law Blog

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 (description of company, for example, a mechanic, contractor, subcontractor, materialman, ect) engaged in the

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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 consent to the contract for the work

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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 affect your lien rights. What is a Notice of Commencement?

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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 your improvement to the property. Recovering funds through

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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 (an individual with a residential light commercial license or general contractor’s license) must be actually engaged by ownership or employment in the practice of residential or

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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 certain employees who earn commission are exempt from the overtime payment requirements

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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 provides a list of business organizations lacking a “retail concept,” including building contractors and

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Do you have employees who work overtime? Better know the FLSA!

Employees for construction companies are not exempt from the service establishment exemption from overtime compensation. The Fair Labor Standards Act (FLSA) 29 U.S.C. 207 requires that employees must be paid time and a half for all hours worked in excess of forty (40) hours in any given work week. Subsection (i) of section 207 provides

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Why is Alternative Dispute Resolution a good idea?

Because it is significantly cheaper than court based litigation. Unless you are dealing with a claim that involves damages in the six figures, the cost of litigation may be more than the value of the claim. On the plaintiff’s side, it doesn’t’ make economic sense to spend more in legal costs than the value of the

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Arbitration as an alternative to litigation and trial

The other tool in the Alternative Dispute Resolution arsenal is Arbitration. Arbitration involves a hearing before a third party (an arbitrator) which can involve, the testimony of witnesses as well as the presentation of documentary and tangible evidence. If the parties cannot reach a settlement and want the opportunity to present their case to a third

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