Construction Law Blog

Recovery of County’s Ultra Vires Payments

Posted on May 7, 2012 by David R. Cook Jr.

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:

• payments were made to a friend of a commissioner,
• payments were made without a valid contract,
• the contract was not properly recorded,
• the contract was not effectively approved, or
• the county failed to comply with public works bidding laws. Continue reading →

Posted in Breach of Construction Contract, Construction Owners, Payment and Collection, Payment Recovery, Public Contractors, Public Owners | Tagged Breach of Contract, Construction Contracts, Construction Owners, Public Contractors, Public Owners, Public Procurement, Public Works Construction, Public Works Contracts | Leave a comment

Design and Installation of Energy-Related Construction Contracts

Posted on April 26, 2012 by David R. Cook Jr.

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. Continue reading →

Posted in Breach of Construction Contract, Construction Owners, Energy Construction, Engineers | Tagged and Construction, Energy Construction, Engineering, EPC Contracts, Procurement | Leave a comment

Fast Track Arbitration as a Vehicle for Resolving Small Claims

Posted on April 21, 2012 by David R. Cook Jr.

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 claims altogether. They may not realize, however, that if their contract incorporates the AAA Construction Industry Arbitration Rules (“AAA Rules”), they may have an arbitration provision that promotes prompt and cost-efficient claims resolution.

Depending on the characteristics of a claim, the AAA Cons Continue reading →

Posted in Arbitration, Breach of Construction Contract, Claims Resolution, Construction Owners, Contractors and Subcontractors, Payment and Collection | Tagged Arbitration, Claim Resolution, Construction Contracts, Payment and Collection | Leave a comment

Lien Priority: Not Always Just a Matter of Filing

Posted on March 11, 2012 by David R. Cook Jr.

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 the time provided in the agreement. When private owners fail to pay, contractors, subcontractors, and some suppliers can generally resort to filing liens to encourage payment. As one case illustrates, liens do not always provide adequate security of payment. Continue reading →

Posted in Contractors and Subcontractors, Lien Laws, Payment Recovery | Tagged Construction Contracts, Contractors and Subcontractors, Lien Claimants, Lien Laws, Payment and Collection, Subcontractor Lien | Leave a comment

Tax Deduction For Energy Efficiency Projects

Posted on March 5, 2012 by David R. Cook Jr.

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 bills, a tax code provision makes energy efficiency projects even more beneficial. Continue reading →

Posted in Energy Construction, Energy Efficeincy Projects, Facilities Managers, Public Works | Tagged Energy Construction, Energy Efficiency, Energy Savings Performance Contracts, Incentives for Energy Efficiency, Public Works Construction, Public Works Contracts, Section 179D | Leave a comment

Supreme Court Upholds Mandamus Order Requiring City to Pay Developer For Construction of Pump Station

Posted on February 25, 2012 by David R. Cook Jr.

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. Continue reading →

Posted in Breach of Construction Contract, Construction Owners, Public Contractors, Public Owners, Public Works | Tagged Breach of Contract, Construction Contracts, Construction Owners, Contractors, Payment and Collection, Public Contractors, Public Owners, Public Works Construction, Public Works Contracts | Leave a comment

Update on Georgia Energy Savings Performance Contracting

Posted on February 25, 2012 by David R. Cook Jr.

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 establishing a list of pre-qualified contractors which state agencies must use for long-term guaranteed energy savings performance contracts (GESPCs). The bill would amend the GESPC Act to expressly allow GEFA to add contractors to the list at any time during the 3-year pre-qualification term.

Read the bill here or here.
Read more about the Georgia Energy Savings Performance Contracting Act here.
Read more about energy savings contracts and energy efficiency projects here.

Finally, GEFA has issued the 2012 Georgia Energy Report, which can be viewed here or here. Among other things, the report discusses Georgia’s current and anticipated sources of energy and prospects for energy efficiency and conservation.

Posted in Energy Construction, Energy Efficeincy Projects, Facilities Managers, Public Contractors, Public Owners, Public Works | Tagged Energy Construction, Energy Efficiency, Energy Savings Performance Contracts, Public Contractors, Public Owners, Public Procurement, Public Works Construction, Public Works Contracts | Leave a comment

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

Posted on January 28, 2012 by David R. Cook Jr.

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 to a contractor or subcontractor where they perform construction work on property and the owner of the property fails to remit payment within statutory deadlines. Where the Act applies, it provides for an award of attorney fees and interest on late payments. In Electric Works CMA, Inc. v. Baldwin Technical Fabrics, Inc., the court explained that attorney fees are recoverable without the necessity of showing bad faith. Continue reading →

Posted in Breach of Construction Contract, Construction Owners, Contractors and Subcontractors, Payment and Collection | Tagged Breach of Contract, Construction Contracts, Construction Owners, Contractors, Payment and Collection, Prompt Pay Act | Leave a comment

AHC Attorney David Cook to Present on Energy Savings Projects at GlobalCon 2012 Energy Conference

Posted on January 28, 2012 by David R. Cook Jr.

AHC 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, contractors, and other project participants. In this seminar, David will focus on using energy savings performance contracts and other means to finance the construction costs of energy savings projects. David also offers instructional in-house seminars for companies or groups interested in energy savings projects.

More information about GlobalCon 2012 is available here. To read more about AHC’s Energy Construction Practice Group, click here.

Posted in Energy Construction, Energy Efficeincy Projects, Engineers, Facilities Managers | Tagged Energy Construction, Energy Efficiency, Energy Savings Performance Contracts, Engineers, Insurance Coverage, Public Works Construction | Leave a comment

Georgia Supreme Court Invalidates Construction-Related Indemnity Provision

Posted on January 19, 2012 by David R. Cook Jr.

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. Continue reading →

Posted in Breach of Construction Contract, Construction Owners, Contractors and Subcontractors | Tagged Breach of Contract, Construction Contracts, Construction Owners, Contractors, Contractors and Subcontractors, Indemnification, Indemnify | 2 Comments