Contractors

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

Professional vs. Ordinary Negligence Claims Against Contractors and Engineers

by David R. Cook Jr.
October 6, 2011

The Georgia Court of Appeals recently addressed the distinction between professional negligence vis‑à‑vis simple negligence. This distinction was particularly important in Hamilton-King v. HNTB Georgia, Inc., 2011 WL 2716073 (2011) because the trial court previously excluded Plaintiffs’ expert testimony, an essential part of its professional negligence claim. Without the expert testimony, Plaintiffs’ professional negligence claim was doomed. The only remaining question was whether Plaintiffs also asserted claims of simple negligence. Finding that the claims were based solely on professional negligence, the case was properly dismissed.

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