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Public Owners

Public-Private Partnerships Now a Reality in Georgia

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

E-Verify Law’s Unintended Exclusion for Small Public Employers’ Contractors

The Atlanta Journal-Constitution recently reported on an unintended exclusion contained in the 2011 E-Verify Law for contractors of small public owners (called “public employers”).  Those interviewed by the AJC, including a state legislator and representatives of the Georgia Municipal Association, believe that the law was not intended to exclude contractors of small public employers. Read More »E-Verify Law’s Unintended Exclusion for Small Public Employers’ Contractors

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

Considerations in Public Owner and Governmental Energy Efficiency Projects

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

Court of Appeals Rejects Owner’s Common Contract Defenses

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