Many trade contracts contain a clause that may protect trade contractors from catastrophic events like pandemics. These clauses are known as force-majeure clauses (covering acts of God). They basically say if these unavoidable events happen, the contractor is relieved of …
Contractors and Subcontractors
Executive Order Affecting P&P Bond Signatures Lapses
This post was drafted by Evon B. Davis and edited by David R. Cook.
As COVID-19 continues to evolve, the drastic effect on human interaction forces businesses to adapt. Governor Kemp provided respite with his most recent executive order…
COVID-19 Tips for Employers
Many of our clients have inquired about what they should do when an employee contracts Covid-19. While the answer is complicated, depending on the circumstances of each case, here are some helpful guides from OSHA. You can find answers to …
Changes in the Law on Lien Waivers
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 …
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 …
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.…
Georgia Legislature Passes Additional Procurement Rules
On May 3, 2018, Governor Nathan Deal signed HB 899 into law, officially making it Act 389. Act 389 modifies O.C.G.A. § 13-10-4 and § 36-91-23 relating to public works bidding and contracts of state and local governments, respectively. Both …
Part I: Key Provisions of School Facility Construction & Design Contracts
The following is part one of a two part series originally published online in School Construction News on Wednesday, 25 April 2018.
Part I: Key Provisions of School Facility Construction & Design Contracts
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 …
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 …