Storm Water Run-Off Case Raises Several Issues of Procedure and Tort Law

A 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 …

Georgia Supreme Court Resolves An Important CGL Coverage Issue for Defective Construction

By 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 …

Georgia Amends Lien Statute to Cover General Conditions and Other Contract Costs

The 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 …

Failure to Procure Contractually Required Insurance Can Be Disastrous

In 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 …

Construction Industry Still Unaware of Potential CGL Coverage Related to Faulty Workmanship

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 …