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Public Contractors

Local Government’s Multi-Year Contract Held Valid in Supreme Court Opinion

In a previous AHC Construction Law Update, we discussed a Court of Appeals opinion that held a school district’s construction contract was not void because it did not violate constitutional or statutory prohibitions against multi-year contracts.  The Supreme Court of Georgia recently vacated the part of that opinion that has created confusion among public owners’ counsel. Read More »Local Government’s Multi-Year Contract Held Valid in Supreme Court Opinion

Recovery of County’s Ultra Vires Payments

At some point, a county’s board or administrators may be faced with complaints from the community about payments made to a private entity. Members of the community (or competitors of the payee) may raise a number of complaints, including:

• payments were made to a friend of a commissioner,
• payments were made without a valid contract,
• the contract was not properly recorded,
• the contract was not effectively approved, or
• the county failed to comply with public works bidding laws.Read More »Recovery of County’s Ultra Vires Payments

Considerations in Public Owner and Governmental Energy Efficiency Projects

Public owners, such as state agencies, cities and counties, and school districts, are considering the advantages of energy efficiency projects.  The advantages include goodwill in the community, environmental benefits, and utility cost savings.  Such projects can involve an array of legal, engineering, technical, and financial issues.  This article addresses a number of considerations that, if not addressed early on, can bring unwanted surprises. Read More »Considerations in Public Owner and Governmental Energy Efficiency Projects

Public Contractor Marketing: Am I a Lobbyist?

Many vendors to state and local governments (such as contractors, subcontractors, and architects) market their services to public officials and governmental employees.  But they rarely consider such marketing efforts to be lobbying, nor would they consider themselves to be lobbyists.  Before the recent amendments to the Ethics in Government Act (the “Act”), they may have unwittingly qualified as lobbyists — and in violation of the Act.

Read More »Public Contractor Marketing: Am I a Lobbyist?

Impact of the 2011 Illegal Immigration Law on Public Works Construction Contractors and Subcontractors

In the 2011 Regular Session, the Georgia General Assembly enacted the Illegal Immigration Reform and Enforcement Act of 2011.  The purpose of the Act was to increase compliance — and punish non-compliance — with the federal E-Verify program.  While the most notorious portion of the Act requires certain employers to confirm the legal immigration and employment status of employees, it specifically addresses public works construction.

A prior AHC Construction Law Alert discussed the 2010 and 2006 revisions to Georgia law governing employment verification.  The Act clarifies existing rules and establishes new rules governing public contractors, and their subcontractors, that contract with public owners for the “physical performance of services.”

Read More »Impact of the 2011 Illegal Immigration Law on Public Works Construction Contractors and Subcontractors