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 …
Litigation Issues
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 …
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 …
Procuring Legal Services on a Budget
Attorneys David Cook and Chadd Reynolds wrote an article for the Construction Financial Management Association concerning the procurement of legal services on a budget. Read the article here.
Read about AHC’s cost-saving alternative fee arrangements and litigation document management…
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 …
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 …
Update on Local Governments’ Constitutional New-Debt Limitation
In prior posts, we have discussed Georgia’s constitutional prohibition against local governments incurring “new debt” without voter approval in the context of public works. A recent Georgia appellate case addressed the provision in the context of a development impact …
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, …
City Officials’ Immunity Argument Does Not Bar Enforcement Actions Brought Under the Open Meetings Act
This blog post was written by Chadd Reynolds and David R. Cook.
A recent Georgia Court of Appeals case highlighted the extent to which city officials can shield themselves from immunity for their actions at open city council meetings. The …