Construction & Procurement Blog

Many local government attorneys assemble each year at the Institute for City and County Attorneys, in Athens. I provided an update on local government's best practices in public works, infrastructure, construction, and contracts. Accompanying the update, I prepared a guidance

In several prior posts, I've covered Georgia's multi-year contracting statutes. These statutes authorize local governments to enter into multi-year contracts and leases without running afoul of other statutory restrictions, as long as certain conditions are satisfied. A recent case addressed

THIS POST HAS BEEN UPDATED AGAIN. SEE THE MOST RECENT UPDATE BELOW. On December 26, 2024, the Fifth Circuit lifted its stay of the district court's injunction -- thus, re-instating the injunction against enforcement of the CTA's beneficial ownership reporting

State and local public works projects are subject to statutory requirements that affect advertising, bidding, preference, sourcing, contracting, and other aspects. (Read more about public works here.) That is, unless an exception applies. One such exception -- a dollar threshold

A contractor brought an action against a subcontractor for damaging the foundation of a house by hitting it with heavy equipment (skid steer). According to the contractor, a video surveillance system recorded the incident. However, the video footage, which was

A telecom provider has sued a gas utility for allegedly damaging its fiber-optic cable. Zayo Group contends Atlanta Gas Light damaged the line while excavating with mechanized equipment. As a result, Zayo Group alleges it suffered disturbance to its rights

On December 26, 2024, the Fifth Circuit lifted its stay of the district court's injunction -- thus, re-instating the injunction against enforcement of the CTA's beneficial ownership reporting requirement.  Read the order here. Background on CTA's Beneficial Ownership Rules The

Lowe Constr. & Dev., LLC v. Hudgins, A24A1647, 2024 WL 4797789 (Ga. Ct. App. Nov. 15, 2024) A developer entered into a construction and sales contract with two adjacent landowners. After construction completed for the plaintiff-landowner, the developer constructed the

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

The U.S. Army Corps of Engineers amended the regulation to conform the definition of "waters of the United States" to conform to the Supreme Court's ruling in Sackett v. Environmental Protection Agency. See the prior blog post about the Supreme

H. J. Russell & Co. v. Landmark Am. Ins. Co The Georgia Court of Appeals denied a contractor's attempt to recover certain COVID costs. The contractor asserted: wrongful refusal and failure to provide coverage to the insured ... for [its]

The Georgia Court of Appeals recently explained the exceptions for lien procedures when a contractor files for bankruptcy relief. The case is W. Main I, LLC v. Siteone Landscape Supply, LLC, A23A0782, 2023 WL 5494911 (Ga. Ct. App. Aug. 25,

The following case, issued yesterday by the Georgia Supreme Court, addresses the accrual of the statute of limitations on a claim of inverse condemnation based on nuisance. Wise Bus. Forms, Inc. v. Forsyth Cnty., S22G0874, 2023 WL 6065278 (Ga. Sept.

Sackett v. Envtl. Prot. Agency, 143 S. Ct. 1322 (2023) The CWA's use of “waters” in § 1362(7) refers only to “geographic[al] features that are described in ordinary parlance as ‘streams, oceans, rivers, and lakes’ ” and to adjacent wetlands

A liquidated-damages clause was not enforced in a recent case before the Georgia Court of Appeals. The clause did not contain standard provisions that would normally allow a trial court to enforce the clause as written. As a result, the

We have been following the protracted legal battle concerning Southern States Chemical, Inc. v. Tampa Tank & Welding, Inc.  This case had been litigated at the Supreme Court and resulted in legislation. In the latest round, the Supreme Court answered

A bill introduced in the General Assembly would modify the authority of state and local governments, as well as school systems, to enter multi-year contracts for construction and procurement. In many prior posts, we have addressed state and local governments'

Effective July 1, 2019, consultants who advise or assist local governments in developing specifications or solicitation requirements must enter an agreement that requires the consultant to avoid the appearance of impropriety and to disclose any material conflicts of interests.[1] Notably,

For contracting opportunities of public works construction contracts, local governments must advertise and award them on the basis of competitive selection when the offeror (i) is at risk for construction and (ii) will provide labor and building materials.[1]  Except for

In the 2021-2022 session, the Georgia General Assembly made substantive changes in the Payment and Retainage Law. The rules still apply to Public Works Construction Contracts[1] and to water or sewer facilities.[2] On and after July 1, 2022, retainage is

A long-running dispute between a landowner and a municipality has escalated to the Georgia Court of Appeals and in the federal court for the Northern District of Georgia.[1] The municipality maintained a stormwater system that discharged on property uphill from

At an upcoming panel discussion about federal government contracting, attorney David Cook’s portion will focus on subcontractors and trade contractors.  The legal issues and concerns – and even applicable law – differs from those involved in disputes between the federal

Effective July 1, 2022, counties may execute design-build contracts for transportation-related projects that include buildings, bridges and approaches, rail corridors, technology deployments, and limited- or controlled-access project, or projects that may be constructed within existing rights of way when the

Many trade contracts contain a clause that may protect trade contractors from catastrophic events like pandemics. These clauses are known as force-majeure clauses (covering acts of God). They basically say if these unavoidable events happen, the contractor is relieved of