Attorney David Cook recently published an article concerning key considerations of fiber-installation contracts. As more owners seek to implement fiber internet, it is advisable to… Read More »Fiber Installation Contracts
The Georgia Court of Appeals recently addressed the requisite notice of zoning proceedings that ultimately requested in a zoning decision. The key question was whether,… Read More »Zoning Hearing Notice Addressed by Georgia Appeals Court
In a recent Georgia Court of Appeals case, the Court was tasked with determining whether the City of Atlanta’s compliance with the Georgia Payment Bond… Read More »Subcontractor’s Claim against City Barred by City’s Compliance with Georgia Payment Bond Statute
The Georgia Court of Appeals recently affirmed a trial court’s dismissal of a county’s claim on developer bonds based on its failure to exhaust administrative remedies. Specifically, because the bank was under FDIC receivership, the County was required to pursue administrative remedies under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
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. … Read More »Contractor’s Unwritten Contractual Claim Denied by Sovereign Immunity; Mandamus Does Not Help
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… Read More »Update on Local Governments’ Constitutional New-Debt Limitation
More than three years after Georgia Governor Nathan Deal made it his top transportation project, the planned redevelopment of the I-285/GA 400 interchange in Sandy… Read More »Atlanta Interchange Rebuild Will Use Public-Private Partnership Structure
Lawmakers Approve Bill Allowing Local Governments to Partner with Private Entities for Public Projects
A bill soon headed to the Governor’s desk for signature will greatly expand the opportunities for state and local governments to partner with private entities on a wide array of new public projects. Senate Bill 59, known as the “Partnership for Public Facilities and Infrastructure Act,” (the “P3 Act”), was approved by Georgia legislators on April 2, 2015, just before the end of the 2015 legislative session. This bill, which almost certainly will be signed by the Governor, will permit private developers and construction companies to partner with state and local governments to pursue a wide array of projects that meet a public purpose or a public need. Read More »Public-Private Partnerships Now a Reality in Georgia
When a cleaning contractor failed to pay its employees for cleaning services at a university, its employees sued the Board of Regents (BOR), asserting various… Read More »Public Owner Not Liable for Forged Non-Statutory Bond
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
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