Among many things to look forward to in 2021, we can add a new lien law to the list. Effective January 1, 2021, Georgia’s Lien Statute will be modified so that lien waivers and releases are limited to “waivers and …
Construction Litigation
Georgia Update: Automatic Renewals in Consumer Service Contracts
Georgia HB 1039 amends O.C.G.A. § 13-12-3 to provide additional protections for consumers who enter into service contracts containing lengthy automatic renewal provisions.
Pre-Existing Requirement: For service contracts with an initial term of twelve months or longer and an automatic …
Who is a “Contractor” as Used in “Unlicensed Contractor”?
A recent Georgia Court of Appeals case established a rule concerning the effect of an unlicensed contractor failing to disclose that he is unlicensed. In Fleetwood v. Lucas,[1] the contractor was hired by the homeowners to perform renovations on …
Georgia Supreme Court Addresses Anti-Indemnity Statute
In prior blog posts, we addressed Georgia’s anti-indemnity statute. One of the posts addressed the statute in the context of an electric utility easement near an airport. That case made its way to the Supreme Court Georgia, which provided …
Court Addresses Damages Under Homeowners Insurance Policy
Court Addresses Expert and Lay Testimony of Damages Under Homeowners Insurance Policy
Woodrum v. Georgia Farm Bureau Mutual Insurance Company, 347 Ga. App. 89 (2018)
During a storm, a tree landed on a homeowner’s house causing damage to the …
Court Dismisses Cross Claims Against Utility Based on Construction Anti-Indemnity Statute
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 …
Part II: Key Provisions of School Facility Construction & Design Contracts
Breach of Construction Contract,
City Governments,
Construction Contracts,
Construction Estimating,
Construction Litigation,
Construction Owners,
Contractors and Subcontractors,
County Governments,
Local Government,
Local Governments,
Public Contractors,
Public Works,
School Systems,
Subcontractors,
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 …