Construction & Procurement Blog

Renewable projects are typically complex and require substantial amounts of capital.  Some parties may bring expertise; others may bring equipment components; while others may bring funds.  In any event, these multiple parties will have agreements -- called development agreements --

Sometimes construction claimants and their attorneys need to think outside the box in their efforts to recover payment for work.  There are many situations in which claimants adequately prove they are entitled to recover, but for one reason or another

C&A Attorney David Cook will speak at Facilities America 2012 on September 10 through 13, 2012, in Washington, D.C.   He will address “Energy Savings Performance Contracting From the Owner’s Perspective.” ESPCs are contracts through which contractors install energy-efficient equipment, implement

In the latest edition of Georgia County Government Magazine, attorney David R. Cook discusses benefits and risks to local governments arising from energy savings performance contracts.  Click here to read the article. The article discusses Georgia's Guaranteed Energy Savings Performance

A July 31, 2012 ruling by a federal district court illustrates the importance of using clear provisions in contracts for energy construction.  The case centered on a developer's argument that its contract with an engineering firm contained a performance guaranty

The Georgia General Assembly recently enacted the Georgia Taxpayer Protection False Claims Act (the "Act") to combat fraud and false claims directed to the state and local governmental funds.

This guest post was written by Alan Clark, CPA, a construction industry accountant at Smith, Adcock and Company. The IRS issued Temporary Regulations in its current round of attempts to clarify when to deduct and when to capitalize tangible property costs. 

The Atlanta Journal-Constitution recently reported on an unintended exclusion contained in the 2011 E-Verify Law for contractors of small public owners (called "public employers").  Those interviewed by the AJC, including a state legislator and representatives of the Georgia Municipal Association, believe

In a previous Construction Law Update, we discussed a Court of Appeals opinion that held a school district's construction contract was not void because it did not violate constitutional or statutory prohibitions against multi-year contracts.  The Supreme Court of Georgia

This post was written by guest blogger Derek Singleton. At SoftwareAdvice, we recently conducted a two-month long construction estimating survey. We put together the survey as a way for construction firms to report on how well their estimating methods are

At some point, a county's board or administrators may be faced with complaints from the community about payments made to a private entity. Members of the community (or competitors of the payee) may raise a number of complaints, including: •

Energy-related construction and design contracts are complicated instruments that are replete with pitfalls for both sides.  A recent Georgia case discussed the complexity of energy-construction projects, especially where one party assumes responsibility for both design and installation. 

Many contractors and subcontractors fear the unpredictable costs of litigating their claims.  This is especially the case if the claim is small.  In some instances, the uncertainty of legal fees and consultant costs can cause them to forego asserting their

Non-payment can place contractors, subcontractors, and suppliers in a precarious cash-flow situation.  On most jobs, they outlay their capital and hard work in advance of payment by the owner.  They rely on the owner to pay the correct amount at

According to the Department of Energy, energy usage in commercial buildings continues to increase.  It comes as no surprise that building owners are seeking ways to decrease their electric utility bills through energy efficiency measures.  In addition to reduced electric

 A bill before the Georgia General Assembly would revise the rules for contractors that are pre-qualified to perform energy savings performance contracts for state agencies and governmental entities.  The Georgia Environmental Finance Authority (GEFA) is tasked with the responsibility of

The Georgia Supreme Court recently affirmed a trial court’s order requiring a city to pay a developer for the construction of a sewage pump station.  The case involves issues of mandamus and the enforcement of ordinances.

In November 2010, the Georgia Court of Appeals interpreted the Georgia Prompt Pay Act to mandate the recovery of reasonable attorney fees to a prevailing party.  The Prompt Pay Act Georgia’s Prompt Pay Act (the “Act”) generally provides additional remedies

C&A Attorney David R. Cook will speak at the Association of Energy Engineers' GlobalCon 2012 conference in Atlantic City. He will discuss issues related to Energy Efficiency and Energy Savings Projects. Energy savings projects present complicated construction issues for owners,

In November 2011, the Georgia Supreme Court broadly interpreted Georgia's anti-indemnity statute to preclude a developer's indemnity claim against a homeowners' association. 

With close margins and scarce profits, contractors may look for some edge with cost cutting plans that may actually be very expensive in the long run, if audited, resulting in expensive additional taxes, penalties, and interest.  But knowing the rules can give

Public owners, such as state agencies, cities and counties, and school districts, are considering the advantages of energy efficiency projects.  The advantages include goodwill in the community, environmental benefits, and utility cost savings.  Such projects can involve an array of

The Georgia Court of Appeals recently held that claims against municipal governments by subcontractors are not covered by GIRMA's risk management policy due to the exclusion for breach-of-contract claims.

After many of the recent storms crossing Georgia, residential roofing contractors became increasingly involved with assisting homeowners in procuring the necessary repairs to storm-damaged roofs.  Contractors negotiated with insurance companies, provided documentation to insurance companies, and ultimately performed the necessary