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Negligent Construction

Georgia Supreme Court Resolves An Important CGL Coverage Issue for Defective Construction

By answering a certified question from the Eleventh Circuit Court of Appeals, the Supreme Court of Georgia resolved a long-standing dispute regarding CGL insurance coverage for damages arising from an insured contractor’s defective construction.  The issue was fairly narrow because it related to the “occurrence” requirement in standard CGL policies.  The federal court asked whether a standard CGL policy’s requirement of an “occurrence” can be satisfied when the damaged property at issue was solely the contractor’s work? Read More »Georgia Supreme Court Resolves An Important CGL Coverage Issue for Defective Construction

Professional vs. Ordinary Negligence Claims Against Contractors and Engineers

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.

Read More »Professional vs. Ordinary Negligence Claims Against Contractors and Engineers

Court Provides Guidance on Economic Loss Rule and Indemnification Provisions

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