Successfully Achieved Cancellation of Material Supplier’s Lien

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.

 

Categories

Recent Posts

Land Use & Zoning Bootcamp – Video Webcast on June 6, 2019 at 10:00am

“Family Sues Boy Scouts Over Son’s Death,” CBS 46

“Mary Hall Freedom House Sues Sandy Springs for Discrimination,” Northside Neighbor

“Lawsuit Filed Against City of Sandy Springs,” CBS 46

“Georgia Governor Candidates Talk Hack,” ABC and WSB Radio