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… Read More »Who is a “Contractor” as Used in “Unlicensed Contractor”?
Construction Warranties and the Statute of Repose – Southern States Chemical, Inc v. Tampa Tank & Welding Inc.
Construction Warranties and the Statute of Repose: Southern States Chemical, Inc v. Tampa Tank & Welding Inc. By David R. Cook and Jason M. Gropper… Read More »Construction Warranties and the Statute of Repose – Southern States Chemical, Inc v. Tampa Tank & Welding Inc.
In 2016, plaintiffs alleged an anonymous hacker stole personally identifiable information of at least 200,000 patients from an orthopedic clinic. The hacker demanded a ransom,… Read More »Georgia Supreme Court Clarifies Liability for Data Breach
In Atlanta Flooring Design Centers, Inc. v. R.G. Williams Construction, Inc., a general contractor and subcontractor entered into a written subcontract which provided for arbitration… Read More »Parties’ Contract Cannot Eliminate Right to Apply to Vacate or Modify Arbitration Award
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,… Read More »New AAA Fixed Time and Cost Arbitration: Affordable 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 project participants will generally create daily reports, logs, and diaries. They will usually correspond by email on a daily basis.
When problems arise, the documents of a project will usually affect the outcome of any dispute. So it should be no surprise that a party who effectively manages its documents will be better suited to pursue or defend a claim. Those who do not effectively manage their documents usually pay attorneys and consultants large fees to wade through the documents and put them in some organized fashion. Read More »The Importance of Construction Document Management in Claims Resolution
Many contractors and subcontractors fear the unpredictable costs of litigating their claims. This is especially the case if the claim is small. In some instances, the uncertainty of legal fees and consultant costs can cause them to forego asserting their claims altogether. They may not realize, however, that if their contract incorporates the AAA Construction Industry Arbitration Rules (“AAA Rules”), they may have an arbitration provision that promotes prompt and cost-efficient claims resolution.
Depending on the characteristics of a claim, the AAA ConsRead More »Fast Track Arbitration as a Vehicle for Resolving Small Claims