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

Boys & Girls Club of Metro Atlanta Annual Board Retreat

Ribbon Cutting at newly renovated Chamblee BGCMA Support Center

Commercial Landlord-Tenant Discussion

Bloom on Zoom: Litigators ‘Still Put a Premium’ on In-Person Courtroom Action

Sparked by Passion: Volunteer Leaders Are The Engine that Empowers Non-Profits