The Georgia legislature recently amended the lien statute to effectively reverse a ruling by the Georgia Court of Appeals that prevented lien claimants from recovering… Read More »Georgia Amends Lien Statute to Cover General Conditions and Other Contract Costs
In a prior post, we discussed a Georgia Supreme Court opinion interpreting Atlanta’s OCIP policy. The case at issue was remanded to the Georgia Court… Read More »Failure to Procure Contractually Required Insurance Can Be Disastrous
A recent Georgia case illustrates that many in the construction industry still believe that CGL insurance policies exclude coverage for defective construction – a belief that resulted in loss of coverage for one contractor. The court affirmed that, “while construction defects constituting a breach of contract are not covered by [CGL] policies, negligently performed faulty workmanship that damages other property may constitute an ‘occurrence.’”
Based on a mistaken belief of no coverage, a contractor failed to provide timely notice to its insurance carrier. As a result, the court dismissed the CGL insurer from the case, leaving the contractor (and the owner) without insurance coverage for substantial damages. Read More »Construction Industry Still Unaware of Potential CGL Coverage Related to Faulty Workmanship
This guest post was written by Al Clark with Smith Adcock and Company LLP ([email protected]).
Contractors in Georgia have special sales tax reporting and filing requirements. Non-compliance with those rules can be expensive if audited. A GC may be liable for sales tax the sub was supposed to pay on materials, or a GC may be required to withhold on payments to a non-resident subcontractor.Read More »Guest Post: Georgia Sales Tax Basics For Contractors
Like some construction claims, water run-off claims can involve many types of damages, which may be caused by many different parties. In a July 2012 water run-off case, a homeowner was allowed to recover damages for both diminution in value and repair costs. While such damages would be considered duplicative in normal scenarios, they were permitted in this water run-off case. Read More »Diminution in Value and Repair Costs Awardable in Water Run-Off Claim
In an appellate opinion released June 28, 2013, a contractor and its subcontractor were found not liable for injuries sustained by a personal-injury plaintiff. The court found that Plaintiff had presented no evidence that Contractor and Subcontractor failed to properly perform their work, or that they should have discovered the defect that caused Plaintiff’s injury. Read More »Contractor’s Risk of Personal Injury Claims
This guest post is from Derek Singleton of Software Advice.
Contractors rely on a variety of methods to estimate their project costs. Some prefer to create their project estimates by hand using pen and paper while others rely on construction-specific software designed specifically for estimating costs. For a while, there’s been a debate over which method is the most effective and accurate. Read More »Survey on the Benefits of Construction Estimating Software
Building Profits — the magazine for the Construction Financial Management Association — recently published an article written by AHC Attorney David Cook . Read the False Claims Act: What CFMs Need to Know. Read More »The False Claims Act: What Construction Financial Managers Need to Know
Surety bonds offer security to owners, contractors, subcontractors, and others for performance of work and payment therefor. Both payment and performance bonds provide a sense of comfort to parties that rely on bonded parties. But before relying on surety bonds, parties should make sure the terms of the bond match reality.
A recent Georgia case illustrates the importance of checking the terms of surety bonds to ensure they identify and correctly name the parties, especially the bonded principal.Read More »Surety Bond Lesson: Properly Identify the Parties
New York’s Attorney General is seeking to hold the owner of a construction firm criminally responsible for failing to pay proper wages on a public job. The owner faces multiple felony counts of grand larceny and money laundering arising from alleged wage law violations. Read More »Criminal Liability for Wage Law Violations?
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