Currently Browsing:Construction Law

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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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 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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