In the 2021-2022 session, the Georgia General Assembly made substantive changes in the Payment and Retainage Law. The rules still apply to Public Works Construction… Read More »Georgia Retainage Law Amended
Many trade contracts contain a clause that may protect trade contractors from catastrophic events like pandemics. These clauses are known as force-majeure clauses (covering acts… Read More »Trade Contract Revisions to Address COVID-19
This post was drafted by Evon B. Davis and edited by David R. Cook. As COVID-19 continues to evolve, the drastic effect on human interaction forces businesses to adapt. Governor Kemp provided respite with… Read More »Executive Order Affecting P&P Bond Signatures Lapses
Georgia HB 1039 amends O.C.G.A. § 13-12-3 to provide additional protections for consumers who enter into service contracts containing lengthy automatic renewal provisions. Pre-Existing Requirement: For service contracts with an initial… Read More »Georgia Update: Automatic Renewals in Consumer Service Contracts
A recent Georgia Court of Appeals case established a rule concerning the effect of an unlicensed contractor failing to disclose that he is unlicensed. In… Read More »Who is a “Contractor” as Used in “Unlicensed Contractor”?
Construction Warranties and the Statute of Repose: Southern States Chemical, Inc v. Tampa Tank & Welding Inc. By David R. Cook and Jason M. Gropper… Read More »Construction Warranties and the Statute of Repose – Southern States Chemical, Inc v. Tampa Tank & Welding Inc.
The following article was written by David R. Cook, and was published 13 June by School Construction News. It is reprinted here with permission. Part… Read More »Part II: Key Provisions of School Facility Construction & Design Contracts
On May 3, 2018, Governor Nathan Deal signed HB 899 into law, officially making it Act 389. Act 389 modifies O.C.G.A. § 13-10-4 and §… Read More »Georgia Legislature Passes Additional Procurement Rules
The following is part one of a two part series originally published online in School Construction News on Wednesday, 25 April 2018. We all expect our… Read More »Part I: Key Provisions of School Facility Construction & Design Contracts
When a contract is drafted by a party, the other party expects some level of one-sidedness in favor of the drafter. But there are times… Read More »Beware of Personal-Liability Clauses – Even When Signing in Your Representative Capacity
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