6/18/14
By: Seth Kirby and Bart Gary
The Georgia Court of Appeals recently decided a case concerning whether a home builder was entitled to coverage under a commercial general liability policy for damages sustained by the homeowner due to construction errors. …
Even a Blind Monkey Can See an Alabama “Occurrence”
6/9/14
By: Michael Lord
The Alabama Supreme Court recently found that Alabama law is part of the growing number of jurisdictions finding coverage for property damage arising out of defective workmanship. In Owner’s Insurance Co. v. Jim Carr Home Builder LLC, …
Contractors Win Big in Recent Federal Court Ruling
3/27/14
By: Gautam Reddy
A recent federal court ruling marked a decisive victory for contractors engaged in federal government projects. The case, Metcalf Construction Co. v. United States, Case No. 2013-5041 (Fed. Cir. Feb. 11, 2014), involved two majors issues: …
School’s Out For…. Construction
2/13/14
By: Stephanie Stewart
Earlier this month, the Marietta Daily Journal reported that major construction is planned for three schools in Cobb County. Walton High School, Wheeler High School, and Teasley Elementary School are all set to undergo major improvements. In …
The Catastrophic Snow Flurries of 2014: Lessons Learned
2/5/14
By: Kamy Molavi
On January 28, 2014, Atlanta came to a screeching halt after receiving about 2.5 inches of snow. What lessons can be gleaned from this excellent adventure? Aside from the obvious takeaways, such as the need for politicians …
Despite a Strong Subcontract, Navigating Between the Owner and Subcontractors Can be Tricky
2/4/14
By: Kamy Molavi
A few years ago I represented a very reputable general contractor in arbitration against a subcontractor. The outcome was not as favorable to my client as I would have liked. Later I asked the arbitrator for his …
Contractor Forced to Protect Workers Who Voice Quality/Safety Concerns
10/24/13
By: Kamy Molavi
A construction contractor involved in the expansion of Georgia Power’s Plant Vogtle nuclear power plant in Waynesboro, Georgia, has agreed to take measure to correct conditions that the Nuclear Regulatory Commission characterized as “a chilled work environment …
Construction on New Georgia State College of Law Building Set to Begin
8/6/13
By: Stephanie Stewart
Georgia State has announced a date to begin construction on a new building to house their law school. The groundbreaking ceremony is scheduled to take place on September 12, 2013 at 10:30AM.
The development is projected not …
LEED Version 4 Approved by U.S. Green Building Council
7/25/13
By: Matt Foree
The Board of the U.S. Green Building Council (USGBC) recently approved version 4 of its Leadership in Energy and Environmental Design (LEED) program. This version was the subject of lengthy commentary, delays, and controversy. The new version …
Construction Defects Can In Fact Be Accidents
7/24/13
By: Jonathan Kandel
The Supreme Court of Georgia has further clarified the scope of coverage for construction defect claims under commercial general liability (CGL) insurance policies. In Taylor Morrison Services, Inc. v. HDI-Gerling America Insurance Company, No. S13Q0462 (Ga. July …
Dangers of Hiring Independent Contractors
7/22/13
By: Leanne Prybylski
Many contractors hire independent contractors, rather than employees, to avoid paying taxes and benefits. Contractors should be aware, however, that the costs of misclassifying employees as an independent contractors could end up being more expensive than it …
Contractors are Under Greater Scrutiny for Compliance with Davis Bacon Requirements
7/9/13
By: Kamy Molavi
Recently, we at FMG’s construction law group have seen several cases involving the Davis Bacon Act. Davis Bacon is the federal law that requires all workers to be paid the “prevailing wages” on federal contracts. The …
