Speak Now or Forever Hold Your Peace: Construction Claim Arbitration and Res Judicata
8/20/19
By: Catherine Bednar
The Supreme Court of Connecticut recently affirmed the Appellate Court’s determination that when a property owner and a general contractor enter into binding, unrestricted arbitration to resolve disputes, the subcontractors are presumptively in privity with the general …
Resilient Design: A Future Requirement?
6/17/19
By: Catherine Bednar
Today’s headlines reflect an increasing awareness of climate change and its impacts – rising sea levels, heightened flood risks, and potential wildfires, to name a few. Scientific research and political debate over the causes/effects of and policy …
The Referee Has Decided David Beckham Is Back in The Game
5/6/19
By: Samantha Skolnick
Soccer has become Atlanta’s new craze. In 2017, Atlanta’s soccer team Atlanta United broke the Major League Soccer (“MLS”) attendance record in its final regular-season game exceeding the 800,000 mark in its first year in the league. …
The EPA Acts, Kind of, on Asbestos
4/26/19
By: Koty Newman
On April 17, 2019, the EPA finalized a significant new use rule (“SNUR”) governing asbestos use. The SNUR ensures that any discontinued uses of asbestos will not re-enter the marketplace without the EPA’s review. The EPA explains …
Georgia Court of Appeals Provides Guideline for Drafting Enforceable Exculpatory Clauses in Georgia
4/23/19
By: Bart Gary and Jake Carroll
Exculpatory clauses are terms in a contract that shift the risk of loss to the other party or a third-party, or attempt to limit one’s obligations under a contract. A typical exculpatory clause is …
Who Did What for Whom? Construction Lien Rights in Georgia Depend on the Contractor, Not the Cost
3/18/19
By: Jason Kamp
In 2013, the Georgia General Assembly expanded the scope of items covered under its construction lien statute, O.C.G.A. § 44-14-361, by amending subsections (c) and (d). The statute now allows contractors to claim liens for contract expenditures …
The Supreme Court Sets Groundwater Pollution in its Sights
2/20/19
By: Ze’eva Kushner
Yesterday, the United States Supreme Court decided to hear an appeal from the Ninth Circuit’s decision in Hawai’i Wildlife Fund et al. v. County of Maui, 886 F.3d 737 (9th Cir. 2018). The Supreme Court will …
Georgia Court of Appeals Concludes the Term “Affiliate” is Ambiguous
2/4/19
By: Jake Carroll
In Salinas v. Atlanta Gas Light Company,[1] the Georgia Court of Appeals’ recently examined whether Georgia Natural Gas (“GNG”) and Atlanta Gas Light Company (“AGLC”) were “affiliates.” Both AGLC and GNG were owned and controlled, …
Amendments To Pennsylvania’s CASPA Will Change The Landscape Of Payment Disputes
8/3/18
By: Jonathan Romvary
Anyone who has ever done any amount of work as a contractor or who has represented them in collections cases has learned from hard experience that it can be all but impossible to get paid for one’s …
Cyberrisks to Contractors and Securing Proper Coverage
6/29/18
By: Barry Brownstein
Increasingly sophisticated hackers have targeted personal and business data held by companies like Target Corp., Sony Corp., Equifax Inc. and Yahoo Inc. during the past decade. The construction industry is just as susceptible …
Little Miller, Big Implications
6/20/18
By: Samantha Skolnick
In Georgia, when an individual performs work on a state construction project, they can file a lien for non-payment. The lien is against the project through Georgia’s Little Miller Act. The claim itself is not against the …
Pay-When-Paid Clauses: A Cautionary Tale
3/28/18
By: Jake Carroll
With the recent surge of construction projects in Georgia, the memories of owner and developer bankruptcies following the 2008 financial crisis may have grown dim. Nevertheless, material suppliers and subcontractors must remember that when the pace slows …