Court Dismisses Cross Claims Against Utility Based on Construction Anti-Indemnity Statute

When a plane crashed and several passengers and crew died or were injured, their representatives sued several defendants, including a nearby plant owner, Milliken & Company (“Plant Owner”), based on claims that transmission lines on Plant Owner’s property were too …

Part II: Key Provisions of School Facility Construction & Design Contracts

The following article was written by David R. Cook, and was published 13 June by School Construction News. It is reprinted here with permission. Part I, “Key Provisions of School Facility Construction & Design Contracts,” was published 25 April.…

County Sovereign Immunity Invokes Change-Order Ordinance

The recent case of Fulton County v. Soco Contracting Company, Inc. addresses two very interesting questions for local government attorneys.  First, can a county ordinance bolster a defense of sovereign immunity against a contractor’s claims?  Second, can a county waive …

U.S. State Adoption of the National Electrical Code

From the Electrical Safety Foundation International (ESFI) website; ESFI.org.

 

What is the National Electrical Code?

 

Did you know that as of 2017, there have been 15 revisions of The National Electrical Code since 1975, the year the …

City Potentially Liable for Cost Overrun on Not-to-Exceed Public Works Contract

On a public works construction project, a contractor incurred additional costs and asserted a claim against the city.  The city denied the claim because the contract had a not-to-exceed price, and the city council and mayor did not approve contract

Reaffirming the Importance of Appeal Deadlines Under the Contract Disputes Act

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 …

Contractor’s Unwritten Contractual Claim Denied by Sovereign Immunity; Mandamus Does Not Help

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