Autry, Hall & Cook attorney David Cook contributed an article to the Atlanta Bar Construction Law Section. The article addresses a recent case that involved several… Read More »Atlanta Bar Construction Newsletter Article
Wrongful Termination and the Right to Cure: The Subcontractor’s Perspective In a recent case, a subcontractor asserted a wrongful-termination claim against a contractor when it… Read More »Wrongful Termination and the Right to Cure
At some point, a county’s board or administrators may be faced with complaints from the community about payments made to a private entity. Members of the community (or competitors of the payee) may raise a number of complaints, including:
• payments were made to a friend of a commissioner,
• payments were made without a valid contract,
• the contract was not properly recorded,
• the contract was not effectively approved, or
• the county failed to comply with public works bidding laws.Read More »Recovery of County’s Ultra Vires Payments
Energy-related construction and design contracts are complicated instruments that are replete with pitfalls for both sides. A recent Georgia case discussed the complexity of energy-construction projects, especially where one party assumes responsibility for both design and installation. Read More »Design and Installation of Energy-Related Construction Contracts
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
The Georgia Supreme Court recently affirmed a trial court’s order requiring a city to pay a developer for the construction of a sewage pump station. The case involves issues of mandamus and the enforcement of ordinances.Read More »Supreme Court Upholds Mandamus Order Requiring City to Pay Developer For Construction of Pump Station
In November 2010, the Georgia Court of Appeals interpreted the Georgia Prompt Pay Act to mandate the recovery of reasonable attorney fees to a prevailing party.
The Prompt Pay Act
Georgia’s Prompt Pay Act (the “Act”) generally provides additional remedies to a contractor or subcontractor where they perform construction work on property and the owner of the property fails to remit payment within statutory deadlines. Where the Act applies, it provides for an award of attorney fees and interest on late payments. In Electric Works CMA, Inc. v. Baldwin Technical Fabrics, Inc., the court explained that attorney fees are recoverable without the necessity of showing bad faith.Read More »Recovery of Attorney Fees and Interest Under The Georgia Prompt Pay Act
In November 2011, the Georgia Supreme Court broadly interpreted Georgia’s anti-indemnity statute to preclude a developer’s indemnity claim against a homeowners’ association. Read More »Georgia Supreme Court Invalidates Construction-Related Indemnity Provision
Payment disputes are becoming increasingly common as all project participants struggle with the harsh construction economy. In a recent appellate opinion, a general contractor and its subcontractor recovered on the subcontractor’s differing-site-conditions claim, despite the owner’s assertion of fairly common and usually effective construction law defenses.
Read More »Court of Appeals Rejects Owner’s Common Contract Defenses
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