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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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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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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 law. O.C.G.A. § 8-2-38 (h). Claimant’s reject of Contractor’s offer to repair: The claimant shall

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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 and document any alleged construction defects and perform any nondestructive testing required to evaluate the nature and extent of

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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 notice required by claimant/dwelling owner 90 days before suit: The Right to Repair Act requires that the

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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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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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