Construction & Procurement Blog

A recent Georgia case illustrates that many in the construction industry still believe that CGL insurance policies exclude coverage for defective construction – a belief that resulted in loss of coverage for one contractor.  The court affirmed that, “while construction

The Association of County Commissioners of Georgia and the Georgia Municipal Association have provided guidance to local governments concerning Georgia’s immigration law for public works contracts.  The Georgia General Assembly has enacted several laws in recent years that impact local

This guest post was written by Al Clark with Smith Adcock and Company LLP (aclark(at)smithadcock(dot)com). Contractors in Georgia have special sales tax reporting and filing requirements. Non-compliance with those rules can be expensive if audited. A GC may be liable

Like some construction claims, water run-off claims can involve many types of damages, which may be caused by many different parties.  In a July 2012 water run-off case, a homeowner was allowed to recover damages for both diminution in value

In an appellate opinion released June 28, 2013, a contractor and its subcontractor were found not liable for injuries sustained by a personal-injury plaintiff.  The court found that Plaintiff had presented no evidence that Contractor and Subcontractor failed to properly

In February 2012, the Court of Appeals issued an opinion that provides guidance to property managers in avoiding liability for debts unpaid by property owners. 

The most recent session of Georgia’s General Assembly produced several notable changes to state and local government procurement laws.  These laws apply to both state agencies and local governments.  They relate to bidding requirements and conditions, award selection, early completion

A prior post covered an appellate decision addressing whether a Georgia municipality may be held liable under quantum meruit for ultra vires acts of its agents.  That opinion generated a great deal of uncertainty because, contrary to prior cases, it

This guest post is from Derek Singleton of Software Advice. Contractors rely on a variety of methods to estimate their project costs. Some prefer to create their project estimates by hand using pen and paper while others rely on construction-specific

Building Profits -- the magazine for the Construction Financial Management Association -- recently published an article written by Attorney David Cook.  Read the False Claims Act: What CFMs Need to Know. 

This guest post was written by James Richardson of the "Georgia Tipsheet."  Read the Executive Order here. Georgia Gov. Nathan Deal has ordered state agencies to broaden eligibility guidelines of timber in government buildings to include those sourced from forests

Attorneys from C&A will present a 2-day seminar regarding "Avoiding Disputes in Energy Project Development."  The seminar will take place in Charlotte, N.C.  You can read more about the seminar by clicking here: EUCI Seminar.  

Surety bonds offer security to owners, contractors, subcontractors, and others for performance of work and payment therefor.  Both payment and performance bonds provide a sense of comfort to parties that rely on bonded parties.  But before relying on surety bonds,

C&A attorney David Cook authored an article on the False Claims Act that will appear in the next edition of Building Profits, the magazine of the Construction Financial Management Association.  The article identifies many risks arising from the False Claims

C&A attorney David Cook will present a teleconference about solar energy development.   Here is a summary of the program from its sponsor, the National Business Institute. 

New York's Attorney General is seeking to hold the owner of a construction firm criminally responsible for failing to pay proper wages on a public job.  The owner faces multiple felony counts of grand larceny and money laundering arising from

In several prior blog posts, we discussed the effectiveness of implied-contract claims against public owners, such as counties, school boards, and municipalities.  For instance, prior posts have addressed: The effect of ultra vires payments to a contractor by a county

In an article in the Atlanta Business Chronicle, insurance advisor Douglas Rieder explains why he is optimistic for 2013.  His reasons include anecdotal evidence of contractors’ expanding backlogs, reports of actual and potential good construction projects, and an expected increase in

C&A attorney David R. Cook published an article about Energy Savings Performance Contracts in the November/December edition of Building Profits Magazine, which is a publication of the Construction Financial Management Association. Facility owners are paying increased attention to energy usage,

Read the opinion here: Case - ArcherWestern v Pitts Construction owners occasionally use an Owner Controlled Insurance Program (OCIP) to insure personal and property damage on their projects.  The Georgia Supreme Court recently interpreted the City of Atlanta's OCIP for

Many construction-related contracts contain a contractual period of limitations -- a contract term that establishes a period of time during which a party must file a claim against the other party ("limitations provision").  Such a contractual provision precludes an aggrieved

C&A attorney David R. Cook recently authored an article in the Facilities Engineering Journal regarding the importance of strong contracts in the procurement of construction services by facilities owners and managers.  Read the entire article here.

C&A attorney David R. Cook will present a webinar on ways to minimize disputes in energy projects.  The webinar will focus on project contracts and their role in reducing ambiguity and potential for disputes among project participants. Properly drafted project

This guest post was written by Bud LaRosa.  Other blogs can be found on there page, https://www.tocci.com/ By Bud LaRosa Construction is seeing a lot more joint ventures now than it has in the past. Projects are becoming larger and