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
Public owners, such as state agencies, cities and counties, and school districts, are considering the advantages of energy efficiency projects. The advantages include goodwill in the community, environmental benefits, and utility cost savings. Such projects can involve an array of legal, engineering, technical, and financial issues. This article addresses a number of considerations that, if not addressed early on, can bring unwanted surprises. Read More »Considerations in Public Owner and Governmental Energy Efficiency Projects
The Georgia Court of Appeals recently held that claims against municipal governments by subcontractors are not covered by GIRMA’s risk management policy due to the exclusion for breach-of-contract claims.
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