By Jennifer Grippa of Miles Mediation & Arbitration Published August 25, 2020 On August 5, 2020, Georgia Governor Brian Kemp signed a new law, Senate Bill 315, changing Georgia’s lien law statute, O.C.G.A. 44-14-366. The new statute, effective January 1, 2021, makes clear that lien waivers only waive lien or bond rights against the property and do not waive the right to file a lawsuit for non-payment. The change in the law resulted from a 2019 decision by the Georgia Court of Appeals in ALA Constr
For example, the GAR may be confronted with issues from local or state agencies and will be asked to coordinate efforts with NASBP staff concerning: Onerous or unrealistic contract requirements, such as long-term warranties or excessive liquidated damages in public works contracts; Resident agent countersignature requirements where state and local procurement officials continue to require resident agents countersign documents on behalf of non-resident agents even though resident agent countersignature requirements have been eliminated in all the states and have been found to be unconstitutional; Owners requesting subcontractor default insurance as an alternative to traditional subcontractor bonding and; Requirements that are being considered by governments to enact laws and regulations that mandate green building/sustainability requirements in public and private construction, which may include surety bonding requirements that place inappropriate risks on contractors and sureties
NASBP’s comment letter to the Arizona Secretary of State concerning countersignature requirements #CommentLetters #Advocacy #Advocacy #State
AZ comment letter countersignatures.pdf
Bechtold, Construction Contracts Coordinator, Design and Construction Division, General Services Administration Department (GSA), Re: Countersignature requirements for Project/Contract Number GSA W20167 #Advocacy #CommentLetters #State #Advocacy
FL Countersignature Requirements.pdf
By Daniel Katzenbach of Cranfill Sumner LLP Published March 1, 2022 Three cases have come out in the last year that will significantly impact construction law in North Carolina. 1
Currently, 32 states have laws enabling P3s, and NASBP is monitoring legislation related to such projects in Maryland, Georgia, Pennsylvania and several other states
Additionally, architects, engineers, and surveyors also appear to be significant benefactors of House Bill 2237 (“HB 2237”). Under existing law, many subcontractors often fail to perfect their mechanic’s liens under the Texas Mechanic’s Lien Statute because of complex notice requirements which must be sent for every month in which labor or material are furnished