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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 ...

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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 ...

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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 ...

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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 ...

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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 ...

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Alternative Dispute Resolution, Alternative to what?

. . . . .Alternative to spending lots of money and relying on a decision mechanism that involves people you’ve never met, who don’t know you and know very little about your case. The traditional mode of case resolution involves litigating your ...

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Drafting an effective contract: A road map for the parties....

Drafting an effective contract means 1) drafting an enforceable contract; 2) drafting a contract that is specific as to the work to be completed (scope of work);  3) drafting a contract that sets forth the specific amount of money to be paid, as well ...

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Liquidated Damages: What are they, how are they used and are they enforceable?

Liquidated damages is a specific sum of money agreed to by the parties to a contract as the amount of damages to be recovered in the event of a breach of the contract. A liquidated provision in a contract will be held enforceable if 1) the injury ...

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Contractor’s claim against the owner, what are your damages?

Damages recoverable from a breach of contract are those damages which arise naturally and in the usual course of things from the breach of contract. O.C.G.A. § 13-6-2 The damages must be foreseeable by the parties at the time the contract was made ...

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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 ...

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