Adam D. Nugent

 

Adam D. Nugent

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Successfully achieved cancellation of material supplier’s lien on the property of their client, a national homebuilder, based on anti-assignment language in contract. The homebuilder’s contract specifically prohibited a subcontractor from assigning work to a sub-subcontractor without the homebuilder’s specific written approval. Despite this provision, the homebuilder’s subcontractor hired a sub-subcontractor without the homebuilder’s approval, and the sub-subcontractor subsequently failed to pay a material’s supplier for concrete. The supplier liened the property. Relying on the contract’s anti-assignment language, the Forsyth County Superior Court invalidated the supplier’s lien because the homebuilder never approved the sub-subcontractor who contracted for the materials. The Court also sanctioned the supplier $3,300 for discovery abuses.

 


Successfully obtained summary judgment awarding our client over $100,000 in outstanding invoices. Our client produced and delivered a custom product to defendant who accepted delivery and then failed to pay. Defendant’s counterclaims were also rejected as a matter of law under the notice provision of the Georgia UCC.