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Construction Owners

Recovery of County’s Ultra Vires Payments

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

Fast Track Arbitration as a Vehicle for Resolving Small Claims

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

Recovery of Attorney Fees and Interest Under The Georgia Prompt Pay Act

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