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.…
Breach of Construction Contract
Beware of Personal-Liability Clauses – Even When Signing in Your Representative Capacity
When a contract is drafted by a party, the other party expects some level of one-sidedness in favor of the drafter. But there are times when a contract goes too far. There are certain provisions that most persons in the …
Savannah homeowners win sizable judgment in mold case against HVAC contractor
Two Savannah homeowners filed a complaint against a local air conditioning contractor and its insurer, asserting claims of professional negligence and fraud. The couple alleged that in March 2009, the contractor replaced the duct system of their home’s air conditioning …
Common Construction Contract Provisions: Indemnity Provisions
This article was written by Chadd Reynolds and edited by David Cook.
Upcoming blog posts will focus on common contract provisions found in construction contracts. Such provisions are not solely limited to construction contracts and can be found in …
Expired Contract Not Revived Due to Sovereign Immunity and the Ex Contractu Clause
This post was written and edited by Chadd Reynolds and David Cook.
A few months ago, a decision by the Supreme Court of Georgia in Georgia Department of Labor v. RTT Associates, Inc. provided a strict rule for contractors that …
Forum-Selection Clause Enforced
This blog post was written by Chadd Reynolds and David Cook.
In a recent decision, the Georgia Court of Appeals strengthened the broad application of forum-selection clauses. The Court in Cemex Construction Materials Florida, LLC v. LRA Naples, LLC, …
Unlicensed Contractors’ Time Has Run Out
Since 1 July 2008, residential contractors and general contractors must comply with licensing laws. Failure to comply with those laws can have disastrous financial and legal consequences. A recent case serves as a reminder of the importance of complying with …
Atlanta Bar Construction Newsletter Article
Autry, Hall & Cook attorney David Cook contributed an article to the Atlanta Bar Construction Law Section. The article addresses a recent case that involved several important construction litigation issues, including:
- the Acceptance Doctrine,
- absence of privity in a
Wrongful Termination and the Right to Cure
Wrongful Termination and the Right to Cure: The Subcontractor’s Perspective
In a recent case, a subcontractor asserted a wrongful-termination claim against a contractor when it was terminated for violating certain safety rules of the project. When the subcontractor’s personnel were …
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 …