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 …

The False Claims Act: What Construction Financial Managers Need to Know

Building Profits — the magazine for the Construction Financial Management Association — recently published an article written by AHC Attorneys David Cook and Mark Hanrahan.  Read the False Claims Act: What CFMs Need to Know.  …

Surety Bond Lesson: Properly Identify the Parties

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, …

Effect of Municipalities’ Ultra Vires Contracts

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 Creative-But-High Standard of “Alternative” Claims in Construction Disputes

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 …

Fast Track Arbitration as a Vehicle for Resolving Small Claims

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 …

Recovery of Attorney Fees and Interest Under The Georgia Prompt Pay Act

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 …