Construction defect litigation is a phrase that encompasses lawsuits dealing with defective workmanship in home construction. These defects may result from the original home or building construction or a remodeling project. Basically, such a defect is any condition that reduces the value of your home or property. Some issues may not be noticed for years after the home was built or the construction project finished.
There are many different reasons or factors which can lead … Read more
Must a subcontractor’s claim of lien identify the contractor in order to be valid? In the recent case of Robertson v. Ridge Environmental, LLC, the Court of Appeals of Georgia held that a subcontractor’s claim of lien does not need to include the name of the contractor.
Subcontractor performed work on several properties at the direction of Contractor. When Subcontractor was not paid for the work, it filed claims of lien on the properties. But the claims of lien did … Read more
Since 1 July 2008, residential contractors and general contractors must comply with licensing laws. Failure to comply with those laws can have disastrous financial and legal consequences. A recent case serves as a reminder of the importance of complying with licensing laws. In that case, the Court of Appeals considered whether an unlicensed contractor could recover on a contract entered into before 1 July 2008. According to O.C.G.A. § 43-41-17(b), contracts entered on or after 1 July 2008 are unenforceable. … Read more
Auty Cole attorney David Cook contributed an article to the Atlanta Bar Construction Law Section. The article addresses a recent case that involved several important construction litigation issues, including:
- the Acceptance Doctrine,
- absence of privity in a negligent-construction claim,
- negligent-construction claims without express contractual obligations,
- third-party beneficiaries,
- use of experts originally hired by opposing parties,
- Georgia’s Right to Repair Act, and
- joinder of corporate owners for acts of negligent construction.
New AAA Fixed Time and Cost Arbitration: Affordable Dispute Resolution?
A prior post discussed the advantages of the AAA’s Fast Track Arbitration Procedure. More recently, the American Arbitration Association has created a new set of rules that also seek to minimize the cost and time for dispute resolution through arbitration. According to the AAA, these “Supplementary Rules for Fixed Time and Cost Construction Arbitration” will allow parties to determine:
- the maximum time to complete arbitration;
- the number
Wrongful Termination and the Right to Cure: The Subcontractor’s Perspective
In a recent case, a subcontractor asserted a wrongful-termination claim against a contractor when it was terminated for violating certain safety rules of the project. When the subcontractor’s personnel were seen crossing “live” transit tracks, the owner sent a letter to the contractor precluding the subcontractor from accessing the project, and the contractor terminated the subcontract. Yet even when the subcontractor allegedly violated safety protocols, it still had a contractual … Read more
A recent construction case addressed the Acceptance Doctrine and a potentially broad exception that prevented its application to a negligent-construction claim.
The case involved structural damage to a newly constructed Holiday Inn Express resulting from settlement of rear parking lot, pool areas, and one side of the building. Owner hired Contractor to perform grading work, and Contractor hired Subcontractor to perform certain aspects of the grading work. After the grading work was complete, Owner separately hired another contractor to construct … Read more
The Atlanta Bar Litigation Section recently published an article written by Autry Cole attorney David Cook regarding insurance coverage for damages arising from defective construction. A link to the article is provided below.
Insurance Coverage for Damages Arising from Defective Construction
One of the first considerations of most attorneys is whether insurance coverage is available to remedy their client’s loss or potential loss. Yet many attorneys are unaware that commercial general liability (CGL) insurance policies may provide coverage for property … Read more
AHC Attorney David Cook recently participated in a panel discussion at the American Council of Engineering Companies of Georgia regarding highway construction issues for engineers. … Read more
The Importance of Construction Document Management in Claims Resolution
Construction projects typically involve many, many documents. They can include volumes of specifications, supplemental specifications, and standards. Even the contracts themselves can fill an oversized binder. Outside of contract documents, the project participants will generally create daily reports, logs, and diaries. They will usually correspond by email on a daily basis.
When problems arise, the documents of a project will usually affect the outcome of any dispute. So it should be … Read more