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
In several prior posts, we have discussed the availability of CGL insurance to cover certain property damages arising from defective construction. A recent Georgia case examines several arguments of a CGL insurer’s attempt to avoid such coverage. … Read more
When a cleaning contractor failed to pay its employees for cleaning services at a university, its employees sued the Board of Regents (BOR), asserting various creative arguments. For instance, they argued that the BOR and university were negligent in failing to confirm the validity of a forged payment bond submitted by the employer.
In support of their negligence claim, they alleged that the BOR was required to ensure that the contractor provided a valid payment bond. Underlying this argument was … Read more
This post was originally published in AHC’s Energy Law Blog. It is just as relevant to developers, contractors, and others who participate in energy-related construction projects. So we are posting it in our Construction Law Blog. … Read more
A recent case involving storm water run-off from a residential construction development raises several issues of Georgia litigation procedure and the law of torts. It also discusses the important interplay of federal and state laws in the context of storm water run-off litigation. … Read more
This blog post was written by guest blogger, Derek Singleton of Software Advice. It provides the latest results of Software Advice’s user survey of construction estimating software. Click here to view the post.… Read more
By answering a certified question from the Eleventh Circuit Court of Appeals, the Supreme Court of Georgia resolved a long-standing dispute regarding CGL insurance coverage for damages arising from an insured contractor’s defective construction. The issue was fairly narrow because it related to the “occurrence” requirement in standard CGL policies. The federal court asked whether a standard CGL policy’s requirement of an “occurrence” can be satisfied when the damaged property at issue was solely the contractor’s work? … Read more
The Georgia legislature recently amended the lien statute to effectively reverse a ruling by the Georgia Court of Appeals that prevented lien claimants from recovering general conditions costs and interest.
Background: 182 Tenth, LLC v. Manhattan Constr. Co.
In the Manhattan case, a lien claimant sought to recover amounts due for work on a $36 million condominium project. The amount of the lien included a substantial amount of general conditions costs and interest on the unpaid balance. On appeal, the … Read more
In a prior post, we discussed a Georgia Supreme Court opinion interpreting Atlanta’s OCIP policy. The case at issue was remanded to the Georgia Court of Appeals, which has recently issued its opinion on remand.
The case contains a detailed and well-reasoned analysis of the extent of liability assumed by contractors and subcontractors in insurance programs, when they are imposed by contractual provisions. Particularly, it discusses the extent of liability to employees on the theory that employees are … Read more