Construction & Procurement Blog

Another new procurement-related law requires state and local governments to accept electronic signatures and seals on bonds issued under the state and local public works laws.  Consistent with some of the other rule changes during the COVID-19 pandemic, the Georgia

In the 2020-2021 session, the Georgia General Assembly amended existing laws to expand state and local governments’ authority to enter conservation projects.  In connection with these projects, the contractor guarantees that cost savings or revenue increases will cover any payments

April 5, 2021, featuring Jason Gropper, Esq. & David R. Cook, Esq., Translated by Andrea Lazo, Paralegal,   If your business obtains workers compensation insurance, it is important you take steps to protect the business and yourself from excessive premiums

This post was edited by David R. Cook. As COVID-19 continues to evolve, the drastic effect on human interaction forces businesses to adapt. Governor Kemp provided respite with his most recent executive order that suspends the original-signature requirement for certain public documents. On February 26, 2021, Governor Kemp renewed the Public Health State of Emergency until

Many of our clients have inquired about what they should do when an employee contracts Covid-19. While the answer is complicated, depending on the circumstances of each case, here are some helpful guides from OSHA. You can find answers to

Among many things to look forward to in 2021, we can add a new lien law to the list. Effective January 1, 2021, Georgia's Lien Statute will be modified so that lien waivers and releases are limited to "waivers and

Georgia HB 1039 amends O.C.G.A. § 13-12-3 to provide additional protections for consumers who enter into service contracts containing lengthy automatic renewal provisions.    Pre-Existing Requirement: For service contracts with an initial term of twelve months or longer and an automatic renewal provision for more than one

A recent Georgia Court of Appeals case established a rule concerning the effect of an unlicensed contractor failing to disclose that he is unlicensed. In Fleetwood v. Lucas,[1] the contractor was hired by the homeowners to perform renovations on two

As a result of the Coronavirus pandemic, Notice 2020-41 extends the beginning-of-construction rule for renewable energy tax benefits under sections 45 and 48. Specifically, the notice extends the Continuity Safe Harbor for both the production tax credit for renewable energy

On March 2, 2020, by a unanimous vote, the House passed HB 968.  This Bill seeks to clarify which civil actions are subject to Code Section 9-3-51, which is the eight-year statute of repose for deficiencies in connection with improvements

In 2016, plaintiffs alleged an anonymous hacker stole personally identifiable information of at least 200,000 patients from an orthopedic clinic.  The hacker demanded a ransom, which the clinic refused to pay.  The clinic notified the plaintiffs of the breach in

Construction Warranties and the Statute of Repose:Southern States Chemical, Inc v. Tampa Tank & Welding Inc.David R. CookCook & Associateswww.cookassociateslegal.com  In a recent holding by the Georgia Court of Appeals, the court held that Georgia’s eight-year statute of repose applied

In prior blog posts, we addressed Georgia's anti-indemnity statute. One of the posts addressed the statute in the context of an electric utility easement near an airport. That case made its way to the Supreme Court Georgia, which provided some

David Cook will be speaking at the upcoming 8th Annual Construction Law & Government Contracting Seminar.   The Seminar will be held on October 8 - 9 in Atlanta and will focus on important topics in construction law and government contracting. 

Court Addresses Expert and Lay Testimony of Damages Under Homeowners Insurance Policy Woodrum v. Georgia Farm Bureau Mutual Insurance Company, 347 Ga. App. 89 (2018)   During a storm, a tree landed on a homeowner’s house causing damage to the

A recent Georgia Court of Appeals case demonstrates the risk of joint ventures failing to carefully define accounting rules in their joint venture agreement.  Two trade contractors teamed up to accomplish certain tasks on a job at a wastewater lift

Below is the current Construction Dollars and Sense newsletter.  The topic is Tax Accounting Methods, savings available for both large and small contractors, based on the new tax law and other recent law changes.  This article was written by Al

When a plane crashed and several passengers and crew died or were injured, their representatives sued several defendants, including a nearby plant owner, Milliken & Company (“Plant Owner”), based on claims that transmission lines on Plant Owner’s property were too

The following article was written by David R. Cook, and was published 13 June by School Construction News. It is reprinted here with permission. Part I, "Key Provisions of School Facility Construction & Design Contracts," was published 25 April. In Part

On May 3, 2018, Governor Nathan Deal signed HB 899 into law, officially making it Act 389. Act 389 modifies O.C.G.A. § 13-10-4 and § 36-91-23 relating to public works bidding and contracts of state and local governments, respectively. Both

The following is part one of a two part series originally published online in School Construction News on Wednesday, 25 April 2018. We all expect our school construction projects will go smoothly, on time and under budget. But despite our best

This blog post was written by Taylor Orgeron. The Georgia General Assembly passed legislation making the local government procurement process more accessible to bidders. Chairman Tom McCall (R-33rd) authored House Bill 489, which passed unanimously on Sine Die. This legislation

In the final hours of Sine Die, the Georgia Legislature passed House Bill 995. This legislation, which is currently awaiting the Governor's signature, is directed to local governments’ procurement matters.  It seeks to ensure transparency and fairness in the procurement

When a contract is drafted by a party, the other party expects some level of one-sidedness in favor of the drafter.  But there are times when a contract goes too far.  There are certain provisions that most persons in the