Overview
Exercise your lien rights and be prepared for any legal battles on the horizon – Don’t be caught off guard!
Handling construction payment disputes in Georgia can be a turbulent process. Adding to the confusion, as of March 31, 2009, numerous changes have been made to Georgia’s lien law. This OnDemand Webinar will provide an overview of these changes, including the important changes to the form, timing and impact of lien claims, as well as the notices and procedures which precede filing of lien claims.
You will learn the strategies for tackling lien issues in the context of important changes in the law directly impacting the rights of all parties involved in the construction industry. Owners will learn how to protect property from unwarranted liens – and what steps to take if they do arise. Contractors, subcontractors and suppliers will learn how to efficiently collect payment for work performed or supplies furnished to projects. And, if you’re an attorney, you’ll find out about some of the fundamental areas of concern in the litigation and foreclosure of construction liens.
Learning Objectives
• You will be able to discuss new and important changes made to Georgia’s lien law.
• You will be able to explain how to prevent or limit your exposure to potential lien claimants.
• You will be able to review proper procedures to maintain and avoid losing lien rights.
• You will be able to identify and avoid traps often encountered by the unwary lien claimant.
Authors
William D. Flatt, P.E., Esq., Hendrick, Phillips, Salzman & Flatt, P.C.
Bart W. Reed, Esq., Hendrick, Phillips, Salzman & Flatt, P.C.
Self Study Credit - OnDemand Webinar
Self Study Credit - CD & Reference Manual
Agenda
Front End or Early Project Notification Requirements
- Notice of Commencement - Establishing the Shield
- Obtaining Copy of Notice of Commencement
- Notice to Contractor - Establishing the Sword
- Preliminary Notice of Lien - Establishing the Sword
- Failure to Comply With and Effect
Waiver of Lien (and Bond) Rights
- Lien Waiver Forms
- Interim Waiver and Release Upon Payment
- Waiver and Release Upon Final Payment
- Affidavit of Nonpayment
- Contractors or Owners Affidavit
- Notice of Contest of Lien
Lien Preparation, Filing and Notice Requirements
- Lien Form and Notice Requirements
- Strict Compliance Standard
Lawsuit Requirement and Foreclosure of Lien
- Lawsuit Against Party in Privity
- Notice of Commencement of Action Requirement
- Foreclosure Lawsuit
