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
Read Private sector partnerships help DoD meetThis post was written by Chadd Reynolds and Mark Hanrahan. In City of College Park v. Sekisui SPR Americas, LLC., 331 Ga.App. 404 (2015), the Georgia Court of Appeals held that an unpaid subcontractor who was seeking to recover from
Read Unpaid Subcontractors Are Not Required toIn May, the Cobb County Board of Commissioners approved the GMP (guaranteed maximum price) for construction of the new Atlanta Braves stadium at $462.2 million. Cobb Chairman Tim Lee said that this price was “where we expected it to be,”
Read Cobb County Board approves $462 millionIt's important for any contractor or construction company to understand how they may be impacted by Georgia's Right to Repair Act. The first component of this act is that prior to filing a lawsuit, a homeowner must serve all responsible
Read Georgia’s Right to Repair ActLawmakers Approve Bill Allowing Local Governments to Partner with Private Entities for Public Projects A bill soon headed to the Governor’s desk for signature will greatly expand the opportunities for state and local governments to partner with private entities on
Read Public-Private Partnerships Now a Reality inMust a subcontractor’s claim of lien identify the contractor in order to be valid? In the recent case of Robertson v. Ridge Environmental, LLC, the Court of Appeals of Georgia held that a subcontractor’s claim of lien does not need
Read Subcontractor’s Lien Upheld Despite Not IdentifyingSince 1 July 2008, residential contractors and general contractors must comply with licensing laws. Failure to comply with those laws can have disastrous financial and legal consequences. A recent case serves as a reminder of the importance of complying with
Read Unlicensed Contractors’ Time Has Run OutC&A attorney David Cook contributed an article to the Atlanta Bar Construction Law Section. The article addresses a recent case that involved several important construction litigation issues, including: the Acceptance Doctrine, absence of privity in a negligent-construction claim, negligent-construction claims
Read Atlanta Bar Construction Newsletter ArticleNew AAA Fixed Time and Cost Arbitration: Affordable Dispute Resolution? A prior post discussed the advantages of the AAA's Fast Track Arbitration Procedure. More recently, the American Arbitration Association has created a new set of rules that also seek to
Read New AAA Fixed Time and CostWrongful Termination and the Right to Cure: The Subcontractor's Perspective In a recent case, a subcontractor asserted a wrongful-termination claim against a contractor when it was terminated for violating certain safety rules of the project. When the subcontractor's personnel were
Read Wrongful Termination and the Right toA recent construction case addressed the Acceptance Doctrine and a potentially broad exception that prevented its application to a negligent-construction claim. The case involved structural damage to a newly constructed Holiday Inn Express resulting from settlement of rear parking lot,
Read Acceptance Doctrine RevisitedWhen a neighbor plans, or begins, a construction, demolition, or renovation project on their property, it’s important to work quickly to protect your own interests. Whether you are a homeowner, business owner, or property manager, below are some tips to address possible damage.
Read How to Handle Property Damage ResultingAn EPC contract is short for engineering, procurement, and construction. This is a contract arrangement commonly used in the construction industry. The bottom line of such a contract is that the general (or head) contractor basically agrees to handle the
Read What Is An EPC Contract?The Atlanta Bar Litigation Section recently published an article written by attorney David Cook regarding insurance coverage for damages arising from defective construction. Insurance Coverage for Damages Arising from Defective Construction One of the first considerations of most attorneys is
Read Insurance Coverage for Damages Arising fromAttorney David Cook recently participated in a panel discussion at the American Council of Engineering Companies of Georgia regarding highway construction issues for engineers.
Read Engineering Design Issues for Road ConstructionThe Importance of Construction Document Management in Claims Resolution Construction projects typically involve many, many documents. They can include volumes of specifications, supplemental specifications, and standards. Even the contracts themselves can fill an oversized binder. Outside of contract documents, the
Read The Importance of Construction Document ManagementIn several prior posts, we have discussed the availability of CGL insurance to cover certain property damages arising from defective construction. A recent Georgia case examines several arguments of a CGL insurer’s attempt to avoid such coverage.
Read Georgia Court of Appeals Examines CGLWhen a cleaning contractor failed to pay its employees for cleaning services at a university, its employees sued the Board of Regents (BOR), asserting various creative arguments. For instance, they argued that the BOR and university were negligent in failing
Read Public Owner Not Liable for ForgedThis post was originally published in C&A's Energy Law Blog. It is just as relevant to developers, contractors, and others who participate in energy-related construction projects. So, we are posting it in our Construction Law Blog.
Read Considerations In Developing a Renewable EnergyA recent case involving storm water run-off from a residential construction development raises several issues of Georgia litigation procedure and the law of torts. It also discusses the important interplay of federal and state laws in the context of storm water
Read Storm Water Run-Off Case Raises SeveralThis blog post was written by guest blogger, Derek Singleton of Software Advice. It provides the latest results of Software Advice's user survey of construction estimating software. Click here to view the post.
Read Update on Construction Estimating Software SurveyBy answering a certified question from the Eleventh Circuit Court of Appeals, the Supreme Court of Georgia resolved a long-standing dispute regarding CGL insurance coverage for damages arising from an insured contractor’s defective construction. The issue was fairly narrow because
Read Georgia Supreme Court Resolves An ImportantThe Georgia legislature recently amended the lien statute to effectively reverse a ruling by the Georgia Court of Appeals that prevented lien claimants from recovering general conditions costs and interest. Background: 182 Tenth, LLC v. Manhattan Constr. Co. In the
Read Georgia Amends Lien Statute to CoverIn a prior post, we discussed a Georgia Supreme Court opinion interpreting Atlanta's OCIP policy. The case at issue was remanded to the Georgia Court of Appeals, which has recently issued its opinion on remand. The case contains a detailed
Read Failure to Procure Contractually Required Insurance