Course Description
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 successful when armed with the necessary legal and practical knowledge. Find out how to efficiently collect payment for your work or supplies. Successfully manage even the most complex and costly situations.
Join our panel of experienced local professionals, as they guide you through the strategies for tackling lien and bond issues in any project. Understand the complex law governing the priority of liens and payments, and protect your bottom-line with enforcement and collection strategies. Don't wait - register today.
Who should attend?
This seminar is designed for attorneys, presidents, vice
presidents, owners, accountants, credit managers, lenders, controllers,
construction managers, project managers, office managers, engineers,
architects, contractors and subcontractors.
Benefits for You
- Find out what you need to know about front-end project notification requirements
- Learn about general waiver practices and their effect
- Get a blueprint of procedures related to lien enforcement and foreclosure
- Correctly identify what property is subject to a lien and who is entitled to recover payment
Learning Objectives
- You will be able to review Georgia construction lien law.
- You will be able to discuss how liens must be properly declared and entered.
- You will be able to explain waiver of lien rights.
- You will be able to identify lawsuit requirement and foreclosures of lien as well as some owner defenses to lien.
Agenda
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This seminar will be presented by Kevin S. Dale, Esq., David M. Gersh, Esq. and Robert J. Lafayette, Jr., Esq. |
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8:00 AM - 8:30 AM |
Registration |
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8:30 AM - 9:45 AM |
Overview of Georgia Construction Lien Law |
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- What Is a Lien?
- What Good Is a Lien?
- Who Has Lien Rights?
- How Do You Prevent or Limit Exposure to Potential Lien Claimants?
- How Do You Maintain and Avoid Losing Your Lien Rights?
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9:45 AM - 10:45 AM |
Front-End or Early-Project Notification Requirements |
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- 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
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10:45 AM - 10:55 AM |
Break |
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10:55 AM - 12:00 PM |
Liens Must Be Properly Declared and Entered |
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- Basic Statutory Requirements and Meaning – Traps for the Unwary
- Strict Compliance Standard
- Pay-If-Paid Clause and Effect on Lien Rights
- Right to Interest
- Good Faith Privilege
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12:00 PM - 1:00 PM |
Lunch (On Your Own) |
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1:00 PM - 2:10 PM |
Waiver of Lien Rights |
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- Statutory Declarations and Forms
- Statutory Meaning of Upon the Receipt of the Sum – Trap for the Unwary
- Effect of Having Through the Date of Language – Trap for the Unwary
- Release of Claims in General
- Contractor's or Owner's Affidavit
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2:10 PM - 2:20 PM |
Break |
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2:20 PM - 3:20 PM |
Lawsuit Requirement and Foreclosure of Lien |
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- Lawsuit Against Party in Privity
- Notice of Commencement of Action Requirement
- Right to Elect to Foreclose With Lawsuit or Wait
- Foreclosure Lawsuit
- Levy and Sale
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Some Owner Defenses to Lien |
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- Substantial Compliance With Contract
- Contract Amount Limitation
- Payment of Contract Amount
- Proper Identification
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3:20 PM - 4:30 PM |
Miscellaneous Items |
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- Condominiums
- Bond to Discharge Lien
- Cancelling Lien
- Priority With Respect to Other Lien Claimants
- Priority With Respect to Other Security Interests
- Bona Fide Purchaser
- Lien Subordination Agreements
- Recourse Against Owner or Contractor for False Owner's or Contractor's Affidavit
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