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 …
Construction Litigation
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 …
Subcontractor Not Estopped from Enforcing Lien Not Listed In Bankruptcy Petition
In Stock Building Supply, Inc. v. Platte River Insurance Co.,[1] the Court of Appeals dealt with issues of judicial estoppel, bankruptcy, retroactive application of statutory lien amendments, and the full payment defense.
The owner, Madison Retail-Suwanee, LLC (“Madison”) …
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 …
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 …
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 …