When a plane crashed and several passengers and crew died or were injured, their representatives sued several defendants, including a nearby plant owner, Milliken &… Read More »Court Dismisses Cross Claims Against Utility Based on Construction Anti-Indemnity Statute
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
This article was written by Chadd Reynolds and edited by David Cook. Upcoming blog posts will focus on common contract provisions found in construction contracts. … Read More »Common Construction Contract Provisions: Indemnity Provisions
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
In City of Atlanta v. Benator, 310 Ga. App. 597 (2011), the Georgia Court of Appeals provides guidance regarding the application of the economic loss rule in the construction context and the interpretation of indemnification provisions in construction contracts.
In Benator, City of Atlanta residents filed putative class action suits against the City and its contractors alleging that they were overcharged for water consumption after the City’s contractors installed new automatic meter reading technology. Read More »Court Provides Guidance on Economic Loss Rule and Indemnification Provisions