Jan 12, 2021

Georgia Contractors Forfeit Contract Rights if Performing Work While Unlicensed

A recent Georgia Court of Appeals case highlights the serious risks contractors face if they operate in Georgia without a valid contractor’s license: they forfeit all rights to enforce their contracts. In Saks Management and Associates, LLC v. Sung General Contracting, Inc.[1], general contractor Sung General Contracting, Inc. (“Sung General”) entered into a contract with Saks Management and Associates, LLC (“Saks”) to renovate an apartment complex owned by Saks.[2] Saks terminated Sung General for failure to timely and properly complete its work, and then brought a lawsuit against Sung General to recover its damages.[3] Sung General responded to the lawsuit… Read more


Dec 10, 2013

THE HAZARDS OF CONTRACT CONSTRUCTION

The Georgia Court of Appeals has reached the end of its November 2013 term. Two decisions issued towards the end for that term indicate the problems that parties face when an unclear or ambiguous contract ends up in court. One of those cases was DJ Mortgage, LLC v. Synovus Bank, Case No. A13A1046 (decided November 22, 2013). Synovus Bank loaned money to DJ Mortgage which DJ Mortgage in turn used to fund mortgages. The parties’ agreements required that when DJ Mortgage made a mortgage loan, it would assign the relevant documents to Synovus. The parties disputed whether the bank was… Read more