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 …
Claims
The Problem Project
Even the best subcontractors will find themselves involved in a “problem project.” Attorney David Cook recently wrote in the American Subcontractors Association’s educational journal — The Contractor’s Compass — about the “problem project” and tips for handling them. Importantly, …
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 …
Court of Appeals Invalidates Lien under Dormancy Clause
On October 27, 2016, the Georgia Court of Appeals determined whether the Dormancy Statute, which bars the enforcement of judgments after seven years, applied to a lienholder’s action to foreclose its lien.
A property owner (“Owner”), contracted with a contractor …
Lien Actions Versus Lien Foreclosure Actions
The lawsuits required to perfect and foreclose upon a lien have confused lien claimants and their attorneys for years. This confusion was recently demonstrated in a recent case entitled Founders Kitchen and Bath, Inc. v. Alexander, No. A15A1262, 2015 …
New AAA Fixed Time and Cost Arbitration: Affordable Claims Resolution?
New AAA Fixed Time and Cost Arbitration: Affordable Dispute Resolution?
A prior post discussed the advantages of the AAA’s Fast Track Arbitration Procedure. More recently, the American Arbitration Association has created a new set of rules that also seek …
The Importance of Construction Document Management in Claims Resolution
The Importance of Construction Document Management in Claims Resolution
Construction projects typically involve many, many documents. They can include volumes of specifications, supplemental specifications, and standards. Even the contracts themselves can fill an oversized binder. Outside of contract documents, the …
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 …
Supreme Court Reverses Ruling on Quantum Meruit Claims Against Municipality
A prior post covered an appellate decision addressing whether a Georgia municipality may be held liable under quantum meruit for ultra vires acts of its agents. That opinion generated a great deal of uncertainty because, contrary to prior cases, it …
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 Attorney David Cook . Read the False Claims Act: What CFMs Need to Know. …