Carson Law Blog

Construction Law and Personal Injury

Carson Law Blog

Collection Targets other than the lien foreclosure property

If you are traveling down the lien foreclosure road, you will have obtained a judgment against the party with whom you contracted, whether that is a contractor one tier up or the owner. Either way, that judgment is a personal judgment against the person or entity and allows for collection efforts directly against the person or

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Lien filing, perfection and foreclosure…what’s the real point?

Let’s say you have jumped through all of the lien hoops: filing the lien, filing and winning the suit against the contractor to perfect lien and filing and winning the foreclosure suit on the lien so that you have a judgment against the owner and a lien on their property. Let’s also say that you’ve

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Contractor Licensing Issues Part 2

What if you are working as a contractor on a residential project and part of the job (for example, concrete work, drywall, rough framing) doesn’t require a contractor’s license under O.C.G.A. § 43-41-17 but other parts of the job (for example, plumbing, electrical, hvac) do require a license. If you don’t have a residential light contractor’s

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Licensing Issues and Contract Enforceability

Under Georgia law, if a contractor is not licensed for the type or scope of project contracted for, they cannot recover under the contract, either in law (breach of contract) or in equity (quantum meruit). In this regard, O.C.G.A. § 43-41-17(b) provides in part: As a matter of public policy, any contract entered into on or

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Payment Bond Claims on Public Works Projects

As an alternative to materialman lien claims, which are not allowed on public works projects, Georgia law requires general contractors to obtain a payment bond on any public works project worth more than $100,000.00. The State, county, municipal corporation or any public board can actually require a payment bond on projects worth less than $100,000. The amount of

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Using the Retrospectroscope to draft your contract

Payment and Performance Bonds perform a function on construction jobs similar (but different than) an insurance policy. A payment bond is an arrangement where the surety agrees to make payment to a claimant if the holder of the bond does not make payment under a construction contract. A performance bond is an arrangement where the surety agrees to

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The Lien Foreclosure Complaint…what to include?

In pleading your foreclosure complaint, there are certain elements you must include. If you’ve gotten this far in the process, chances are you are using the services of a lawyer. So this entry is geared toward letting you know what info you need to provide your lawyer (so that he or she doesn’t have to

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The Lien Foreclosure action. What is it and what does it get you?

The Lien Foreclosure Action: Once your claim of lien has been filed, the suit to perfect the lien has been timely filed and you have won your suit against the contractor (or entity with whom you had the contract) the next step is foreclosure of the lien. This involves filing suit against the owner of the property

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The Contract Description of Work… why it needs to be specific

A while back, I wrote about what needs to be included in an effective contract.  Included in that list was an accurate and specific description of the work to be completed. The other day, I received a call from a homeowner who had received a notice of a claim of lien having been filed on her property. 

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My lien is filed…now what do I do?

Once the claim of lien has been filed, the next step in the process is called “perfection of the lien.”  Perfection of the lien involves filing suit and recovering against the party with whom you have the contract and who owes you the money. The lawsuit to recover on the claim against the contracting party must be filed

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