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Public Owners

Court of Appeals Rejects Owner’s Common Contract Defenses

Payment disputes are becoming increasingly common as all project participants struggle with the harsh construction economy.  In a recent appellate opinion, a general contractor and its subcontractor recovered on the subcontractor’s differing-site-conditions claim, despite the owner’s assertion of fairly common and usually effective construction law defenses.

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Impact of the 2011 Illegal Immigration Law on Public Owners

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.  The Act specifically imposes obligations on state and local governmental units (“Public Owners”) that contract for the “physical performance of services.”  The effective date for most of the provisions relevant to public owners is July 1, 2011.

A prior AHC Construction Law Alert discussed the 2010 and 2006 revisions to Georgia law governing employment verification.  The Act imposes additional requirements on public owners and provides additional clarity to existing provisions.

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