In 2015, Hall County (Georgia) brought legal action against Selective Insurance Company of America, Inc., the surety company for contractor Ruby Forrest. Hall County had… Read More »Georgia appellate court supports county claim against surety company’s failure to pay
From the Electrical Safety Foundation International (ESFI) website; ESFI.org. What is the National Electrical Code? Did you know that as of 2017, there have been… Read More »U.S. State Adoption of the National Electrical Code
Yesterday the Georgia Supreme Court just addressed the presentment requirement — the 12-month deadline to present a claim to a county. The Georgia Court of… Read More »Georgia Supreme Court Addresses Presentment Requirement for Outside County Attorneys
In a recent Georgia Court of Appeals case, the Court was tasked with determining whether the City of Atlanta’s compliance with the Georgia Payment Bond… Read More »Subcontractor’s Claim against City Barred by City’s Compliance with Georgia Payment Bond Statute
The Georgia Court of Appeals recently affirmed a trial court’s dismissal of a county’s claim on developer bonds based on its failure to exhaust administrative remedies. Specifically, because the bank was under FDIC receivership, the County was required to pursue administrative remedies under the Financial Institutions Reform, Recovery, and Enforcement Act of 1989.
Throughout 2016, Attorney David Cook presented to multiple state and local government organizations concerning Georgia law of procurement. Governmental entities have specific legal obligations when… Read More »Public Infrastructure and Procurement Rules for Georgia State and Local Governments
On October 27, 2016, the Georgia Court of Appeals determined whether the Dormancy Statute, which bars the enforcement of judgments after seven years, applied to… Read More »Court of Appeals Invalidates Lien under Dormancy Clause
This post was written and edited by Chadd Reynolds and David Cook. A few months ago, a decision by the Supreme Court of Georgia in… Read More »Expired Contract Not Revived Due to Sovereign Immunity and the Ex Contractu Clause
In its most recent session, the Georgia General Assembly passed HB 943, which amends Georgia’s Anti-Indemnity Statute. The amendment expands the Anti-Indemnity Statute beyond construction… Read More »Georgia Amends Anti-Indemnity Statute
Lawmakers Approve Bill Allowing Local Governments to Partner with Private Entities for Public Projects
A bill soon headed to the Governor’s desk for signature will greatly expand the opportunities for state and local governments to partner with private entities on a wide array of new public projects. Senate Bill 59, known as the “Partnership for Public Facilities and Infrastructure Act,” (the “P3 Act”), was approved by Georgia legislators on April 2, 2015, just before the end of the 2015 legislative session. This bill, which almost certainly will be signed by the Governor, will permit private developers and construction companies to partner with state and local governments to pursue a wide array of projects that meet a public purpose or a public need. Read More »Public-Private Partnerships Now a Reality in Georgia
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