Breach of Contract

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

by David R. Cook Jr.
January 28, 2012

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

Georgia Supreme Court Invalidates Construction-Related Indemnity Provision

by David R. Cook Jr.
January 19, 2012

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

Court of Appeals Rejects Owner’s Common Contract Defenses

by David R. Cook Jr.
June 30, 2011

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.