Roofing Supply Lien Invalid Due to Anti-Assignment Clause


EMJ Construction, LLC v. Beacon Sales Acquisition, Inc., — Ga. App. –, 2024 WL 4633660 (Ga. App. 2024)

The Georgia Court of Appeals recently held that a lien filed by a roofing supply company was invalid because the general contractor’s subcontractor did not obtain the general contractor’s consent to procuring materials from the roofing supplier. The anti-assignment clause required the subcontractor to obtain approval from the general contractor before delegating (subcontracting) any portion of the work — including supplying materials — to a third party, like the roofing supply company. Because the general contractor had not approved the roofing supply company, it was not within the contractual line of privity — which is required for a valid lien.   

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