When a cleaning contractor failed to pay its employees for cleaning services at a university, its employees sued the Board of Regents (BOR), asserting various… Read More »Public Owner Not Liable for Forged Non-Statutory Bond
In a prior post, we discussed a Georgia Supreme Court opinion interpreting Atlanta’s OCIP policy. The case at issue was remanded to the Georgia Court… Read More »Failure to Procure Contractually Required Insurance Can Be Disastrous
The Association of County Commissioners of Georgia and the Georgia Municipal Association have provided guidance to local governments concerning Georgia’s immigration law for public works contracts. The Georgia General Assembly has enacted several laws in recent years that impact local governments’ and public owners’ public work construction contracts. Both the ACCG and GMA have published helpful guidance for local governments. Read More »Local Government Organizations Provide Guidance Regarding Georgia’s Immigration Mandates
The most recent session of Georgia’s General Assembly produced several notable changes to state and local government procurement laws. These laws apply to both state agencies and local governments. They relate to bidding requirements and conditions, award selection, early completion incentives and liquidated damages for delayed completion, and immigration laws. Read More »New Laws Impact State and Local Public Works Projects
A prior post covered an appellate decision addressing whether a Georgia municipality may be held liable under quantum meruit for ultra vires acts of its agents. That opinion generated a great deal of uncertainty because, contrary to prior cases, it seemed to open the door to municipal liability for unauthorized contracts. Earlier this year, the Supreme Court of Georgia resolved that uncertainty by reversing the appellate opinion in favor of the municipality. Read More »Supreme Court Reverses Ruling on Quantum Meruit Claims Against Municipality
This guest post was written by James Richardson of the “Georgia Tipsheet.” Read the Executive Order here.
Georgia Gov. Nathan Deal has ordered state agencies to broaden eligibility guidelines of timber in government buildings to include those sourced from forests certified by alternative programs, effectively banning a controversial green building program that recognizes only one certification standard.Read More »Georgia Executive Order Effectively Bars LEED for State Buildings (Guest Post)
In several prior blog posts, we discussed the effectiveness of implied-contract claims against public owners, such as counties, school boards, and municipalities. For instance, prior posts have addressed:
This post will cover the success of a quantum-meruit claim against a municipality based on ultra vires contracts — or contracts that were executed without formal authority.Read More »Effect of Municipalities’ Ultra Vires Contracts
Read the opinion here: Case – ArcherWestern v Pitts
Construction owners occasionally use an Owner Controlled Insurance Program (OCIP) to insure personal and property damage on their projects. The Georgia Supreme Court recently interpreted the City of Atlanta’s OCIP for construction of the Hartsfield-Jackson Atlanta International Airport. After a sub-subcontractor’s employee was killed on the project, his estate sued the City of Atlanta and several contractors, alleging that they failed to ensure the subcontractor at fault maintained the level of insurance required by the OCIP program. Instead of the required $10,000,000 in bodily-injury coverage, the subcontractor at fault maintained only $1,000,000 in coverage. Read More »Ga. Supreme Court Interprets Intent and Scope of Atlanta’s OCIP
AHC attorney David R. Cook recently authored an article in the Facilities Engineering Journal regarding the importance of strong contracts in the procurement of construction… Read More »Proper Contracts Can Mitigate Key Risks in the Procurement of Facility-Related Construction Services
AHC attorney David Cook will speak at Facilities America 2012 on September 10 through 13, 2012, in Washington, D.C. He will address “Energy Savings Performance… Read More »AHC Attorney to Present on Energy Savings Performance Contracts
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