Public Procurement

Ga. Supreme Court Interprets Intent and Scope of Atlanta’s OCIP

by David R. Cook Jr.
November 28, 2012February 14, 2022

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

Energy Savings Performance Contracts: Risks and Rewards for Local Governments

by David R. Cook Jr.
August 30, 2012September 4, 2022

In the latest edition of Georgia County Government Magazine, AHC attorney David R. Cook discusses benefits and risks to local governments arising from energy savings… Read More »Energy Savings Performance Contracts: Risks and Rewards for Local Governments

Georgia Enacts a State False Claims Act

by David R. Cook Jr.
August 10, 2012February 14, 2022

The Georgia General Assembly recently enacted the Georgia Taxpayer Protection False Claims Act (the “Act”) to combat fraud and false claims directed to the state and local governmental funds.Read More »Georgia Enacts a State False Claims Act

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

by David R. Cook Jr.
July 10, 2012

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

by David R. Cook Jr.
June 22, 2012September 4, 2022

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

by David R. Cook Jr.
May 7, 2012

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

Update on Georgia Energy Savings Performance Contracting

by David R. Cook Jr.
February 25, 2012

A bill before the Georgia General Assembly would revise the rules for contractors that are pre-qualified to perform energy savings performance contracts for state agencies… Read More »Update on Georgia Energy Savings Performance Contracting

Considerations in Public Owner and Governmental Energy Efficiency Projects

by David R. Cook Jr.
November 4, 2011

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

No GIRMA Coverage for Subcontractor Claim

by David R. Cook Jr.
October 24, 2011September 11, 2022

The Georgia Court of Appeals recently held that claims against municipal governments by subcontractors are not covered by GIRMA’s risk management policy due to the exclusion for breach-of-contract claims.

Impact of the 2011 Illegal Immigration Law on Public Owners

by David R. Cook Jr.
June 25, 2011February 14, 2022

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.