Richard Storrs practices law and serves as an ADR professional in Atlanta, Georgia. Richard has practiced construction law and commercial litigation in Atlanta since 1984. Contact information: Telephone (404) 500-6302 Email: rstorrs@storrslaw.com More...More...
I agree with both Karalynn and Matthew. If you have a direct contract with the GC, then it seems like they would have provided a bond to the owner-the school. I would request a copy from the School or School Board. If you have a claim against the GC now for nonpayment, it would be good to send notices to the GC, the surety on the bond, and to the School (or the public entity which is the owner).See More...
I am assuming that you have not filed a lien. In that case, the most effective way to get paid is to have an attorney send a strongly worded demand letter to your customer with your claim for the principal due, interest and threatening that you will seek attorney's fees unless prompt paymet is made. Please contact me if I can provide further guidance. See More...
It sounds like the project is in Michigan, so hopefully you got the lien filed on a timely basis. If the "insurance company" paid you, then it sounds like it may be a surety company, which would mean that a payment bond exists. In many respects that can be better than a lien. You should investigate or engage an attorney to investigate your potential payment bond rights.See More...
Unfortunately yes, the prompt payment protections apply to construction contracts. The law applies to " contracts with an owner to improve real property." "Improve" is defined so it means "to build, effect, alter, repair, or demolish any improvement upon, connected with, or on or beneath the surface of any real property, or to excavate, clear, grade, fill or landscape any real property, or to construct driveways and private roadways, or to furnish materials..See More...See More...
Yes, you can protect yourself by filing a lien if you provide materials to a project located in Georgia. Typically you will be at a lower tier so must send a Notice to Contractor within 30 days from the date you first supply materials to the Project. More information is available in Levelset's resources, or feel free to contact me with any questions.See More...