Georgia Construction Today - First Quarter 2009 - (Page 20)

payment is not received, unless a claim of lien or an Afﬁdavit of Nonpayment is ﬁled within that 60-day period. • Interim and ﬁnal lien waiver forms must contain a notice warning that the lien may become ﬁnal and binding 60 days after the date of the lien waiver. • The ﬁnal lien waiver form has been revised to remove the “unconditional” language. The ﬁnal lien waiver is conditioned on payment, but subject to the same conclusive presumption of payment 60 days after the lien waiver is signed. • Lien waiver forms are altered to release bond rights in addition to lien rights. Revisions to the Claim of Lien Form • Any lien ﬁled after March 31, 2009, must include the following statement in at least 12 point bold font: “This claim of lien expires and is void 395 days from the date of the ﬁling of the claim of lien if no notice of commencement of lien action is ﬁled in that time period.” • The claim of lien must contain a statement advising the property owner of the right to ﬁle a Notice of Contest of Lien. • The absence of either the required statement regarding the Notice of Contest or the required notice regarding the potential lien expiration will invalidate the lien. Changes to Affidavits of Nonpayment • Afﬁdavits of Nonpayment must be in bold face capital letters and at least 12 point font. • Within seven days of ﬁling the Afﬁdavit of Nonpayment, a copy must be sent by registered or certiﬁed mail or statutory overnight delivery to the property owner. • If the ﬁling party is not in privity of contract with the property owner and a Notice of Commencement has been ﬁled, a copy of the Afﬁdavit of Nonpayment must be sent to the contractor. • Statutory language detailing the new requirements for serving the Afﬁdavit of Nonpayment must be included in the new form. Concluding Thought With the Georgia lien law landscape changing in so many signiﬁcant ways, it is incumbent for successful contractors to become familiar and compliant with the new law to avoid penalties and achieve intended results. ■ About the author: Frank E. Riggs, Esq., is a partner with Troutman Sanders LLP in its Atlanta ofﬁce and the head of the ﬁrm’s Construction Practice Group. He was a member of the Advisory Committee appointed by the Georgia Senate to study and recommend lien law changes in 2008. He is a frequent national speaker and writer on construction law issues and can be reached at frank.riggs@troutmansanders.com. MECI MECI MECI Metro Electrical MECI Contractors, Inc. MECI MECI Electrical Power • MECI MECI • Controls MECI • Energy Management MECI MECI Contact: Ronnie Stroud MECI MECI Ellsworth Dr. NW 1263 MECI Atlanta, GA 30318 MECI MECI mecistroud@aol.com E-mail: MECI MECI 404-351-2803 MECI 350-0532 Fax 20 Commercial Division 525 Marathon Parkway Lawrenceville, GA 30045 Tel. 770-338-4011 Fax 770-338-4049 Georgia CONSTRUCTION TODAY FIRST QUARTER 2009

Table of Contents Feed for the Digital Edition of Georgia Construction Today - First Quarter 2009

Georgia Construction Today - First Quarter 2009 Contents Message from the President Leading in Tough Economic Times Breaking the Cycle of Workforce Insanity Chapter’s Workers’ Compensation Program Delivers Greater Value with Multi-State Coverage Am I Getting Enough from My Insurance Broker? Change Has Arrived: Georgia’s New Lien Law Index to Advertisers

Georgia Construction Today - First Quarter 2009

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