Apr 7, 2020

Does Georgia’s Stay-at-Home Order Apply to Construction Projects?

GA Essential Construction Order

On Thursday, April 2, Governor Brian Kemp signed an executive order (the “Order”) requiring Georgians to shelter in place until April 13 at 11:59 p.m. The stay-at-home order, titled “Executive Order to Ensure a Safe & Healthy Georgia,” replaces all prior stay-at-home orders issued by local governmental bodies and prohibits localities from varying the Order’s requirements.  The Order is available here. How does Georgia’s stay-at-home order affect your construction project? Unfortunately, the Order is unclear.  However, at least some private projects could be stopped by the Order. The Order divides all businesses, including contractors and subcontractors, into Critical and Non-Critical Infrastructure. … Read more

May 2, 2019

Failure to Provide Proper Itemization Under Section 38 of the New York Lien Law Fatal to Maintaining a Mechanic’s Lien

New York Lien Law

The New York Lien Law provides broad rights to contractors, subcontractors and materialmen who improve real property.  However, the right to file a mechanic’s lien is not without obligation on the lienor who must, within five days of receipt of a demand under Section 38 of the Lien Law, provide a verified, itemized statement detailing the value of the labor and materials that comprise its claimed lien amount.  A property owner faced with a lienor who refuses or fails to adequately itemize its mechanic’s lien may bring a petition before the court to seek a proper itemization.  If the lienor… Read more

Oct 21, 2013

Mississippi’s Stop Payment Notice Statute Found Unconstitutional

Authored By: Darren Rowles and Scott Cahalan In several states, including Mississippi, California, Arizona, New Mexico, and Washington, subcontractors and suppliers are used to filing a “stop notice” or “stop payment notice” when they are not paid for work performed at a project.  See also North Carolina (lien on funds).  However, the recent holding in Noatex Corp. v. King Constr. of Houston, LLC, 2013 U.S. App. LEXIS 20656, 14-15 (5th Cir. Oct. 10, 2013), calls into question the constitutionality of stop notice statutes and the remedies they provide to lower-tier contractors and suppliers. A stop notice is a notice to… Read more