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Georgia Construction Law Questions & Answers
1 Answer | Asked in Construction Law and Gov & Administrative Law for Georgia on
Q: Hello, does § 43-14-8 (2022), H-J mean hvac contractor needs to list the company name they work for on license?
James L. Arrasmith
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answered on Nov 17, 2023

Under Georgia law, specifically § 43-14-8, HVAC contractors are subject to certain licensing requirements. While this statute outlines the general requirements and standards for HVAC contractors, it does not explicitly state that contractors must list the company name they work for on their... View More

1 Answer | Asked in Construction Law for Georgia on
Q: What amount should we include on a second lien?

We have filed a lien on part of the amount we are owed. We want to file a second lien to include the full balance owed. My question is should the amount of the second lien be the grand total owed or the total minus the first lien previously filed?

T. Augustus Claus
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answered on Sep 26, 2023

If you've already filed a lien and wish to file a second lien for the remaining balance, the amount should generally represent the total unpaid balance minus any amounts covered by the first lien. Ensure you're complying with Georgia lien laws, deadlines, and procedures to keep the lien enforceable.

1 Answer | Asked in Contracts and Construction Law for Georgia on
Q: I just recently bought a new house Dec 2022 still under warranty that has got construction defect - slab soaking water.

Garage concrete is soaking water most especially when it's rained. According to the repairer that came to fix the problem, there is a Crack on the slab causing the problem. Fix is to put a pump on the garage floor to evacuate the rain water. That's not acceptable to me to have to rely on... View More

Jonathan Avi Barash
Jonathan Avi Barash
answered on May 15, 2023

One thing I will tell you is the before you can bring a lawsuit for this defect you will need to go through the "Right to Repair Act" process which requires a specific kind of notice be send to the contractor/builder in a specific way. There is some information about the Right to Repair... View More

1 Answer | Asked in Construction Law and Real Estate Law for Georgia on
Q: Im a sub contractor that furnished pricing per each line item in my estimate. Im owed $13000.00. Is a lien all i can do?

We dont have a signed agreement, just text messages to support my claims with photos, and my original estimate. Is this ok for a lien?

James Clifton
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James Clifton
answered on Apr 18, 2023

You can file a materialman's lien to secure your $13,000.00 against the property. If this is a new construction, the property cannot be sold from the builder to the new homeowner without paying you off. If the property has already been sold or this was an existing building, you can still... View More

1 Answer | Asked in Civil Litigation and Construction Law for Georgia on
Q: Renovations guy ripped me off and closed his business. How should I procced? What happens if he is hard to locate?

Contracted a business (a man and his son) to do some reno work. Most of what they did is unfinished and now he has closed his business. The work was done in GA, where I also reside, but his business is located in SC. I don't live near the area the work was being done so I asked him to send me... View More

Michael W. Horst
Michael W. Horst
answered on Dec 30, 2022

Since the work was done in Georgia but his business is located in South Carolina, you have the option to sue him in the Georgia county where the work was done or in South Carolina. Since you live in Georgia, I would file suit in Georgia as it is most convenient for you. In Georgia, magistrate... View More

1 Answer | Asked in Construction Law and Real Estate Law for Georgia on
Q: In relation to noise, are newly built multilevel apartments allowed to use only wood to construct floors?

According to DCA Codes specific requirements are specified to reduce noise. I am disabled and the subfloor does not have floors that reduce noise.

Tim Akpinar
Tim Akpinar
answered on Aug 23, 2023

A Georgia attorney could advise best, but your question remains open for two weeks. At this point, you could consider checking with architects or civil engineers, or department of buildings/department of design/or other personnel from applicable public agencies. Good luck

1 Answer | Asked in Consumer Law, Civil Litigation, Construction Law and Small Claims for Georgia on
Q: When filing a motion, can an attorney use conjecture as reasoning to overturn a judgement?

in a motion to reconsider or motion to set aside judgement, a lawyer had false information regarding plaintiff and reason for suit in statements for setting aside judgement.

Jennifer Pierce
Jennifer Pierce
answered on Jun 30, 2023

If you do not feel there is a valid basis for the motion to reconsider or set aside, you may file an opposition to the motion and point out the allegedly false information.

1 Answer | Asked in Consumer Law, Contracts, Construction Law and Small Claims for Georgia on
Q: A non-licensed conditioned air contractor mis-wired my heat pump. I refused to pay him. I had to rewire it myself.

How much must I pay him for the part he did properly?

John Michael Frick
John Michael Frick
answered on Jun 20, 2023

You must pay him the customary and usual fee for the part he did properly.

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Georgia on
Q: My neighbor recently graded and cut trees down on my property. Do I need to file a civil suit

My neighbor recently graded and cleared a lot next to my property, and in doing so he also graded approximately 75- 100 feet over the property line onto my property. How do you estimate the damage in a dollar amount and how should I proceed to get a settlement?

Jennifer Pierce
Jennifer Pierce
answered on Jun 1, 2023

Based on the facts provided, there may be multiple causes of action that would give rise to damages. The amount of damages would be dependent on many factors, including any devaluation of the property. I recommend that you consult with an attorney experienced real property litigation.

1 Answer | Asked in Real Estate Law and Construction Law for Georgia on
Q: If a certified letter is sent and the person does not except it when does the 60 days start the day it was filed in cou

The day it was filed in clerks office or the day it was mailed to the person who did not expect the letter

James Clifton
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James Clifton
answered on Jan 18, 2023

Notice occurs on the date the certified mail was stamped and dated by the post office on the certified mail receipt.

1 Answer | Asked in Criminal Law, Civil Rights and Construction Law for Georgia on
Q: I was arrested, the charges were reduced then dismissed. How do I get the arrest off of my record?

I travel for work very often and need to renew my TSA PreCheck - this arrest on my record is preventing me from being able to do that. I live in Dawsonville (Forsyth County), work in Kennesaw (Acworth), and the charges were in Calhoun (Gordon County)

Candace Alynn Hill Duvernay
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Candace Alynn Hill Duvernay
answered on Feb 17, 2022

You may qualify for a Record Restriction in Georgia. Georgia does not "expunge" records, but in many circumstances (like your dismissal), record restriction is possible.

1 Answer | Asked in Personal Injury, Real Estate Law, Business Law and Construction Law for Georgia on
Q: In Georgia, can you attach a fire escape ladder outside of your second or third or fourth story window? Permanently?

What types of certifications or permits would a company need to start installing Fire Escape Ladders in homes and commercial buildings up to four stories tall?

Michael D. Birchmore
Michael D. Birchmore
answered on Nov 25, 2021

You will need to check with your local city, county authorities to determine what type of permits and inspections will be necessary for your particular location.

1 Answer | Asked in Construction Law and Real Estate Law for Georgia on
Q: what should i do if a contractor place a lien on my home?

i do owe the money but i have two problem the contractor damage over 20k of my furniture and the Mortgage company is hold the final payment because of 3500.00 they are billing for work not done.

Michael D. Birchmore
Michael D. Birchmore
answered on Sep 13, 2021

For you to get anywhere you want to be, you are going to need an attorney. Mention the term "Materialman's Lien."

1 Answer | Asked in Car Accidents, Construction Law and Gov & Administrative Law for Georgia on
Q: If a construction company had a bucket above barrels in my lane an the bucket hit my mirror who's at fault

The officer's report said I misjudged distance but a vehicle was next to me an was as close over as I could get I never hit the barrel's so what's to misjudge the lane should have been closed if to narrow to pass

Tim Akpinar
Tim Akpinar
answered on May 6, 2021

A Georgia attorney could advise best, but your post remains open for four weeks. It could be a situation where fault is seen by a court on both sides. A Georgia attorney might be able to offer deeper insight in terms of the construction site and its practices in stacking barrels and buckets in that... View More

1 Answer | Asked in Real Estate Law and Construction Law for Georgia on
Q: Can a lender refuse to do an inspection because current month's payment is delinquent? Lender says loan is in default.

According to contract terms, if payment is made after the 15th, a 10% penalty is due with payment. All (7) payments have been made and accepted. Lender/Inspector stated on "April 19th" he will not inspect the project to fund the draw because the loan is in default. There is a 15 day... View More

Michael D. Birchmore
Michael D. Birchmore
answered on Apr 20, 2021

Go back to the signed loan agreement. You may find language that spells out that a certain number of delinquent payments will result in a default status. Another phrase to watch for is one which allows the Lender to call the loan in default whenever the Lender "... in good faith deems itself... View More

1 Answer | Asked in Real Estate Law and Construction Law for Georgia on
Q: Can a condo developer in the state of GA refuse to turn over HOA to homeowners despite completing/sold >95% of complex?
Michael D. Birchmore
Michael D. Birchmore
answered on Mar 28, 2021

Whether / and/or when the developer must turn over the development to the owners is set forth in the initial declaration of covenants and restrictions (C&R). As long as the declaration was recorded properly on the deed records of the county, the owners are deemed to have purchased with full... View More

1 Answer | Asked in Contracts and Construction Law for Georgia on
Q: Can I use a POA to handle an insurance claim?

I’m a roofing contractor in Georgia that specializes in storm damage to an insureds property. Can I use a power of attorney to represent the insured during the claim process to include negotiating policy provisions?

Tim Akpinar
Tim Akpinar
answered on Aug 16, 2020

A Georgia attorney could advise best, but your question remains open for four weeks. As a general observation of such an arrangement, some might see the potential for a conflict. For instance, you if are negotiating for the approval of a certain construction task or repair task, could someone... View More

2 Answers | Asked in Contracts and Construction Law for Georgia on
Q: what justifies a termination of a contract between two contractors after work has already been preformed mid project

Also have only been partially paid. And this is a verbal contract but i have substancial physical and mathematical evidence to prove my litigation. This is for a residental paint job about half complete

Tim Akpinar
Tim Akpinar
answered on Oct 6, 2019

A Georgia attorney could address your question in the best possible manner because your remedies could involve elements of Georgia law. But your question remains open for two weeks. As a general manner, without regard to jurisdiction, such justification could be governed by the terms of the... View More

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1 Answer | Asked in Construction Law for Georgia on
Q: What do I need in court to prove a client owes the general contractor?

I provided contracting services and am owed over $6000. I have one day left in the job for touch ups of multiple projects and the client who was happy the entire project refused to let me come finish and is with holding the money.

Tim Akpinar
Tim Akpinar
answered on Feb 23, 2019

I do not practice in Georgia, but your question remains open for three weeks. As a general matter, the contract for the project should serve toward proving that there was an agreement for work to be performed. Additional evidence could include work specs, engineer or architect blueprints/drawings,... View More

1 Answer | Asked in Criminal Law, Traffic Tickets, Construction Law and Legal Malpractice for Georgia on
Q: If the arresting charge is dropped. Then is any evidence found in search incident to arrest "fruit of a poisonous tree"?

Hi, I was currently arrested and charged with poss. Of marijuana less than 1oz. And my brother of driving without a licence and a few more charges along with the poss. Of less than an oz.

I feel as thou this is easily resolved. I have done some homework on this.

The arresting... View More

Forrest Clinton Barbour
Forrest Clinton Barbour
answered on Apr 6, 2018

Could be. Need to know a little more information. Why were you stopped? Did officer claim to smell marijuana? There are other reasons to search besides search incident to arrest, and even search incident to arrest doesn't automatically allow a police officer into the car. Feel free to... View More

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