Currently Browsing: Construction Law

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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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 ...

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The Right to Repair Act: Part 3 Summary of the law

Contractor’s decision not to repair or pay: If the contractor provides a statement to the claimant that it will not proceed with the work, the claimant may bring legal action without further notice, except as may be otherwise required by applicable ...

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The Right to Repair Act: Part 2 Summary of the Law

Access for inspection requested by the contractor: If the contractor requests an inspection, the claimant shall provide access to the site within 30 days of receiving the contractor’s request. The contractor shall have reasonable access to inspect ...

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The Right to Repair Act: Part 1 Summary of the law

The Resolution of Construction Defects Act, O.C.G.A. § 8-2-35, et seq, otherwise known as the Right to Repair Act, was enacted in 2004 to provide a legal mechanism for homeowners to resolve construction defect claim against contractors. Written ...

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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 ...

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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, ...

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