Autry, Cole, Hanrahan, Hall & Cook, LLP Attorneys-At-Law | Atlanta, Georgia
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Atlanta Bar Construction Newsletter Article

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.

Click here to read the article.… Read more

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What is The Society of Construction Law

The short version is that the Society of Construction Law is a group devoted to promoting knowledge concerning construction law and other topics related to the field, like arbitration. As simple as that sounds, there are a wide variety of elements that go into being such an established group.

Judge's Mallet

Who Can Join?

The Society of Construction Law was founded in 1983. Officers are voted in and new members are always welcome, whether you are from the UK or not. To … Read more

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5 Claims That Can be Filed Against Construction Companies

Unfinished Construction

Filing claims against construction companies can be a complicated process. You can make it easier on yourself by always hiring licensed contractors who are bonded and insured. Otherwise, recourse options may be limited. Though there are many instances in which it is necessary to file claims against construction companies, the five claims listed below can give you some idea of what your options are.

 

  1. Work isn’t finished. Your contract should include the specifics concerning the exact tasks that were
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New AAA Fixed Time and Cost Arbitration: Affordable Claims Resolution?

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
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Wrongful Termination and the Right to Cure

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

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Acceptance Doctrine Revisited

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

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Insurance Coverage for Damages Arising from Defective Construction

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

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Engineering Design Issues for Road Construction

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

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The Importance of Construction Document Management in Claims Resolution

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

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Georgia Court of Appeals Examines CGL Coverage Exclusions

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

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