Construction & Procurement Blog

This post was written by David Cook and Chadd Reynolds.  In continuing our series on common contract provisions found in construction contracts, this post highlights no-damages-for-delay clauses. Parties to a contract – particularly a construction contract – may agree that

On January 27, 2017, the Supreme Court of Georgia issued a decision determining whether the Georgia Computer Systems Protection Act (“GCSPA”) provides for punitive damages.  While not directly related to construction, the GCSPA can be a potential mechanism for asserting

In Stock Building Supply, Inc. v. Platte River Insurance Co.,[1] the Court of Appeals dealt with issues of judicial estoppel, bankruptcy, retroactive application of statutory lien amendments, and the full payment defense. The owner, Madison Retail-Suwanee, LLC (“Madison”) hired Cannon/Estapa

Are the workers you employ on the job site considered employees or independent contractors?  This is an important distinction that contractors and subcontractors must understand for many purposes, including federal taxes.  The classification of your workers can affect their federal income, social

Throughout 2016, Attorney David Cook presented to multiple state and local government organizations concerning Georgia law of procurement.  Governmental entities have specific legal obligations when they procure goods and services.  Particularly for public works, they should be mindful of the

The following article was first published by Chadd L. Reynolds in the Division of Government Construction's September 2016 Newsletter for the American Bar Association's Forum on Construction Law. A recent United States Court of Federal Claims (“COFC”) decision emphasizes the

This article was written by Chadd Reynolds and edited by David Cook. Upcoming blog posts will focus on common contract provisions found in construction contracts.  Such provisions are not solely limited to construction contracts and can be found in many

An article written by Attorneys David Cook and Chadd Reynolds was published in the magazine and newsletter of Medical Construction & Design.  The article discusses the use of drones on healthcare construction projects and the recent promulgation of rules governing

On October 27, 2016, the Georgia Court of Appeals determined whether the Dormancy Statute, which bars the enforcement of judgments after seven years, applied to a lienholder’s action to foreclose its lien. A property owner (“Owner”), contracted with a contractor

Construction contractors, subcontractors, and designers are implementing the use of drones in the planning, design, and construction of projects.  C&A will be posting several blog articles on this subject in the coming weeks.  In the meantime, we offer the following

This post was written and edited by Chadd Reynolds and David Cook. A few months ago, a decision by the Supreme Court of Georgia in Georgia Department of Labor v. RTT Associates, Inc. provided a strict rule for contractors that

In a very well-reasoned opinion, the Supreme Court of Georgia upheld the denial of a contractor’s unwritten contract claim against a county based on sovereign immunity.  Based on an alleged oral contract, Contractor built a sewer pumping station for the County

From the September 2016 issue of Construction Dollars and Sense, Smith Adcock and Company monthly newsletter. First covered in this newsletter, when the developer won in Tax Court in February 2014, on appeal by the IRS for the last 2

In prior posts, we have discussed Georgia’s constitutional prohibition against local governments incurring “new debt” without voter approval in the context of public works.  A recent Georgia appellate case addressed the provision in the context of a development impact program. 

In its most recent session, the Georgia General Assembly passed HB 943, which amends Georgia’s Anti-Indemnity Statute.  The amendment expands the Anti-Indemnity Statute beyond construction contracts to include contracts for engineering, architectural, and land surveying services (“A/E Contracts”). In a

This post was written by Chadd Reynolds and David Cook. Like many states, Georgia has enacted a False Claims Act, which is an important piece of legislation for public contractors and subcontractors.  The Act is largely similar to the Federal

The lawsuits required to perfect and foreclose upon a lien have confused lien claimants and their attorneys for years.  This confusion was recently demonstrated in a recent case entitled Founders Kitchen and Bath, Inc. v. Alexander, No. A15A1262, 2015 WL

This blog post was written by Chadd Reynolds and David Cook. In a recent decision, the Georgia Court of Appeals strengthened the broad application of forum-selection clauses.  The Court in Cemex Construction Materials Florida, LLC v. LRA Naples, LLC, reversed

This post was written by attorney Chadd Reynolds. In Cowart v. Schevitz, the Georgia Court of Appeals clarified the instances in which an out-of-possession landlord can be liable in a premises liability claim. No. A15A2036, 2016 WL 563114, at *4

In Auto Owners Insurance Co. v. Gay Construction Co.,[1] a general contractor brought a claim as an additional insured under a sub-subcontractor’s commercial general liability (“CGL”) policy seeking to recover costs it sustained repairing the sub-subcontractor’s defective work and resulting

More than three years after Georgia Governor Nathan Deal made it his top transportation project, the planned redevelopment of the I-285/GA 400 interchange in Sandy Springs (DeKalb County) in metro Atlanta is closer to a start date. The Georgia State

In Atlanta Flooring Design Centers, Inc. v. R.G. Williams Construction, Inc., a general contractor and subcontractor entered into a written subcontract which provided for arbitration of disputes.  The arbitration provisions provided that any arbitration award shall be final and binding

This blog post was written by Chadd Reynolds and David R. Cook.  A recent Georgia Court of Appeals case highlighted the extent to which city officials can shield themselves from immunity for their actions at open city council meetings. The

For the last two decades, federal agencies have set mandates to reduce energy intensity, lower greenhouse gases and increase use of alternative energy sources. The Energy Independence and Security Act of 2007 (EISA) requires federal agencies to reduce energy intensity