Construction Law and Litigation

Atlanta, Georgia

Our attorneys have built our practice by representing a variety of parties with construction related issues in Georgia: property owners, contractors, subcontractors, construction managers, sureties, developers, design professionals, material suppliers, and insurers. Our Atlanta lawyers are experts at drafting the legal documentation required in any construction project, including contracts, Mechanics and Materialmen's Liens, and the various documents necessary for proper and effective statutory compliance with Georgia's lien laws.

Our construction law practice includes negotiation and litigation of construction-related disputes in addition to providing all the documents you will need to keep your business running smoothly. Our lawyers have handled numerous cases at both the trial and appellate level, for both business and individual clients in the construction industry. Our attorney's experience in these matters covers all aspects of the construction process, including:

  • Bidding
  • Contract Formation
  • Contract Performance
  • Construction Defects
  • Insurance and Warranty Issues
  • Claims and Dispute Resolution

For many small businesses, efficient and successful collection of accounts is of the utmost importance to their company's bottom line. Our lawyers take the time and put forth the effort to give each case the individual attention it requires to vigorously protect our clients' interests. At Rachelson & White, we strive to deliver our clients both efficiency and work that meet the highest standards, while finding the most effective collection solutions. Our attorneys' expertise spans a wide spectrum, including commercial collections, Mechanics' Liens and Materialmen's Liens, and bond claims, all the while using information and documents in the most effective and successful way.

Construction Litigation

The construction litigation practice of Rachelson & White, P.C. will meet the needs of developers, general contractors, subcontractors, suppliers and other individuals in the construction industry. It is our goal to provide our construction clients with a quick and effective solution to problems that arise during the course of construction. The attorneys at Rachelson & White, P.C. seek to provide this service to our clients by devoting to them the personal attention that only a small firm atmosphere can provide.

In the context of litigation, our attorneys are prepared to advise you about the full range of your opportunities to resolve your legal issues. This includes the identification of potential risks, identification of potential options to resolve your legal problems, giving you a reasonable idea of the time and expense involved in obtaining a resolution and keeping you fully informed on your progress in meeting your goals.

The attorneys at Rachelson & White have over 40 years of experience in resolving construction disputes. This has included providing our clients with assistance both in and out of the courtroom. Examples of the issues we routinely help our clients resolve include the following:

  • Identification of risks associated with issues that arise during the course of construction
  • Construction defects and warranty claims
  • Arbitration and mediation
  • Contract disputes
  • Enforcement of Materialmen's Liens
  • Negotiation of Construction Contracts
  • Failure to pay for labor and materials

Why File A Materialmen's Lien?

Pursuant to Georgia's Materialmen's Lien statutes, general contractors, subcontractors, laborers, suppliers and other persons who provide labor, materials or equipment to real property can file a Materialmen's Lien against the property. The filing of the Materialmen's Lien encumbers the property and prevents the Owner from selling or transferring the property without taking steps to remove or satisfy the Materialmen's Lien. More importantly, the Materialmen's Lien is the only avenue that a laborer or supplier has to seek payment directly from the Owner, when the laborer or supplier's contract is not directly with the Owner.

Recent Changes To The Georgia Materialmen's Lien Law

Effective March 31, 2009, several substantial changes have been made to Georgia Mechanic Lien statutes. These changes will impact anyone who has rights under Georgia Mechanic Lien statutes. These changes include:

  1. Changes to the deadline to file a Materialmen's Lien;
  2. Changes to the deadline to file a lawsuit to perfect the Lien;
  3. Changes to the substance and form of the Materialmen's Lien and the information that is required to be included in the Materialmen's Lien; and,
  4. The amendments to the Georgia Mechanic's Lien statutes established a procedure allowing Owners to shorten the time period that a lien claimant has to file an action to perfect a Materialmen's Lien.

Why Choose A Law Firm To Prepare And File Your Lien Instead Of A Lien Filing Company?

There are several companies in Georgia that offer lien filing services. So why choose a law firm to prepare and file your Lien? The simple reason is that Materialmen's Liens often involve complex legal issues and very strict procedures to properly file your Lien. These issues can include the proper identification of the property and the Owner of the property, which in today's economic climate can be extremely difficult as property routinely changes ownership. The lien filing companies cannot and will not offer you any legal advice regarding any issues that may arise in the preparation or filing of the lien. If the lien is not initially prepared and filed properly, then you could lose your lien rights. Thus, the most important time to ensure that your Materialmen's Lien meets all the requirements of the Georgia Mechanic Lien Law is at the time it is filed. Only a law firm can provide this help to you.

Why Retain Rachelson & White, P.C.?

Rachelson & White, P.C. has over 40 years of experience preparing and filing Materialmen's Liens. The attorneys at Rachelson & White, P.C. are prepared to advise you on your lien rights and ensure that your lien complies with all the requirements of Georgia Mechanics Lien Law. More importantly, we believe that our relationship with our clients does not end with the filing of the Claim of Lien. We will continue to monitor your Claim of Lien and work with you to formulate a strategy to obtain payment for the Claim of Lien.

Related Articles

Filing Mechanic's Liens

Our attorneys have successfully assisted our contractor, subcontractor, and material supplier clients in securing their unpaid claims by filing Materialman and Mechanic's Liens ..

Read More