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Public Owners

E-Verify Law’s Unintended Exclusion for Small Public Employers’ Contractors

The Atlanta Journal-Constitution recently reported on an unintended exclusion contained in the 2011 E-Verify Law for contractors of small public owners (called “public employers”).  Those interviewed by the AJC, including a state legislator and representatives of the Georgia Municipal Association, believe that the law was not intended to exclude contractors of small public employers. Read More »E-Verify Law’s Unintended Exclusion for Small Public Employers’ 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