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False Claims Act for Construction Financial Managers and Accountants

AHC attorney David Cook authored an article on the False Claims Act that will appear in the next edition of Building Profits, the magazine of the Construction Financial Management Association.  The article identifies many risks arising from the False Claims Act, and specifically discusses those that impact construction financial managers and accountants.  Read More »False Claims Act for Construction Financial Managers and Accountants

Effect of Municipalities’ Ultra Vires Contracts

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

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

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

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

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