Construction & Procurement Blog

UPDATE: This post is updated below. State and local governments enjoy the protection of sovereign immunity.   It may be waived only by a constitutional amendment or by act of the legislature.  As discussed in a prior post, it is so

The recent case of Fulton County v. Soco Contracting Company, Inc. addresses two very interesting questions for local government attorneys.  First, can a county ordinance bolster a defense of sovereign immunity against a contractor’s claims?  Second, can a county waive

NREL, in support of the U.S. Department of Energy’s Solar Energy Technologies Office, is offering a no-cost PV training program for 50 cities and counties seeking to go solar on their facilities (both buildings and land). Cities and counties will

C&A Law obtained permission from AGC to publish the links to the results of The Construction Workforce Shortage Survey and the Workforce Development Plan. In August, Associated General Contractors (AGC) and Autodesk released the results of their 2017 Construction Workforce

This article by David Cook was published in the October 2017 issue of IEC Insights. Spotting Problem Project by David Cook Perhaps more than any other specialty contractor, electrical contractors bear the brunt of the "problem project.” Long after most other trades have completed

Attorney David Cook wrote an article concerning insurance policies commonly obtained by construction companies or required by construction contracts.  Read the article here.

 Attorney David Cook recently presented to the Institute for City and County Attorneys in Athens, Georgia on September 15, 2017, concerning "Difficult Problems in Public Works, Bidding, Procurement, and Contracting."  It is helpful for local governments to periodically review their

In 2015, Hall County (Georgia) brought legal action against Selective Insurance Company of America, Inc., the surety company for contractor Ruby Forrest. Hall County had contracted Ruby Forrest to complete and maintain sidewalk systems within three residential subdivisions that Ruby

In two recent events, C&A Attorney David Cook presented on the latest Public Works Construction and Procurement Laws.  The Georgia Chapter of the American Public Works Association held its Annual Meeting in Jekyll Island, Georgia on July 25-28, 2017.  This

From the Electrical Safety Foundation International (ESFI) website; ESFI.org. What is the National Electrical Code? Did you know that as of 2017, there have been 15 revisions of The National Electrical Code since 1975, the year the average American home

Two Savannah homeowners filed a complaint against a local air conditioning contractor and its insurer, asserting claims of professional negligence and fraud. The couple alleged that in March 2009, the contractor replaced the duct system of their home’s air conditioning

C&A Attorney David Cook will be presenting to the APWA Georgia Chapter at its Annual Meeting next week.  He will cover Georgia public works and procurement law and contracts.  APWA consists of public works professionals, and its Georgia Chapter includes

The Georgia Supreme Court sent an intergovernmental dispute over taxation of alcoholic beverages back to the lower court.  This case arose out of a dispute over the allocation of taxes on alcoholic beverages at the Atlanta airport.  The court remanded

On a public works construction project, a contractor incurred additional costs and asserted a claim against the city.  The city denied the claim because the contract had a not-to-exceed price, and the city council and mayor did not approve contract

Even the best subcontractors will find themselves involved in a “problem project.”  Attorney David Cook recently wrote in the American Subcontractors Association’s educational journal -- The Contractor's Compass -- about the “problem project” and tips for handling them.  Importantly, he

Yesterday the Georgia Supreme Court just addressed the presentment requirement -- the 12-month deadline to present a claim to a county.  The Georgia Court of Appeals had previously ruled that presentment of a claim to an county's outside attorney is

Attorney David Cook recently wrote an article for Construction Executive Magazine about two common problems faced by business owners -- attracting and retaining more qualified employees.  Business owners exert so much effort in securing good employees, and even more effort

Contract negotiation is not one of the most exciting aspects of the construction industry.  But it is essential for the long-term success of any construction business.  An article published by Attorney David Cook in the Independent Electrical Contractors Insights Magazine

Attorney David Cook recently published an article concerning key considerations of fiber-installation contracts.  As more owners seek to implement fiber internet, it is advisable to review contracts for the installation of fiber. To read the article published in Rural Telecom

Georgia House Bill 238 authorizes the withdrawal of property from a conservation use covenant for purposes of developing a solar generation plant.  Before the law was passed, subject to certain limited exceptions, properties under a conservation use covenant generally could

The Georgia Court of Appeals recently addressed the requisite notice of zoning proceedings that ultimately requested in a zoning decision.  The key question was whether, after a properly noticed planning meeting, additional notice was required before the board’s formal vote

Attorneys David Cook and Chadd Reynolds wrote an article for the Construction Financial Management Association concerning the procurement of legal services on a budget.  Read the article here. Read about cost-saving alternative fee arrangements and litigation document management.

In a recent Georgia Court of Appeals case, the Court was tasked with determining whether the City of Atlanta’s compliance with the Georgia Payment Bond Statutes barred a subcontractor from recovery against it after the general contractor failed to pay

The Georgia Court of Appeals recently affirmed a trial court's dismissal of a county's claim on developer bonds based on its failure to exhaust administrative remedies. Specifically, because the bank was under FDIC receivership, the County was required to pursue