Roxann Smithers is a business and construction attorney who works in Atlanta, Georgia. Roxann has 19 years of experience with a license to practice in Georgia. Roxann attended Columbia Law School, graduating in 2002. She currently works at Smithers + Ume-Nwagbo, LLC in Georgia. More...
You may have to take legal action to compel the company to final a cancellation of the UCC filing. There may also be some options to report them to any governing entities (private or public). See More...
Generally, you cannot file a lien on a government property or project. In those situation, you have to file a bond claim with the bond/surety company. All goverment projects require contractors and subcontractor to obtain payment/performance bonds. The bond company guarantees that the contractr or subcontractor will perform under the contract and make requirement payments down stream. The bond company can be financially responsible fSee More...See More...
Your otions will dpend upon whether the GC is willing to negotiate around the edges of the this provision. Options include putting a cap or minimum upon the amount that is subject to the provision, limiting the provision to situations in which the owner is withholding payment because of an issue with your work, limit the provision to your margin on the invoice, or limit the provision to only apply for the first 45 or 60, or 90 days of the invoice. See More...
You can draft contracts with fluating pricing. You may have to plan for pushback from potential customers. If you have current countracts with problematic pricing, then you need to look at whether you can unilaterally amend the contract, if the customer has to agree to the amendment, or if you can terminate and renegotiate the contract. See More...
Your response will depend upon the content of her response. If she has refused to submit a claim and you have already performed some or all of the work, then you have options to legally compel her to pay for the services. The term of your service agreement will also affect your options to seek payment from her directly. Additionally, you want to make sure that you get your lien claim filed before the 90 day deadline from the last provision of services oSee More...See More...