When is Engineering Required? City of Atlanta Issues New Code Interpretation
10/18/17
By: Cheryl H. Shaw
The City of Atlanta recently published its second International Residential Code interpretation of 2017, confirming that structural designs utilizing Structural Composite Lumber (SCL) must be designed and sealed by an engineer licensed to practice within the …
LOL (Limitation of Liability) Clauses in A&E Contracts: He who laughs last, laughs best
10/11/17
By: Cheryl H. Shaw
It’s no coincidence that the abbreviation for “Limitation of Liability” is LOL. That’s the reaction design professionals often get when they include an LOL clause in a contract proposal. LOL or “exculpatory” clauses limit the designer’s …
Homebuilder Defamed By Online Reviewer
8/8/17
By: Ze’eva R. Kushner
After approximately three years of litigation, a jury in Gwinnett County, Georgia recently found that a homebuilder had been defamed by an individual’s online review of the homebuilder and awarded the plaintiffs $120,000 in damages and …
Florida Statute of Repose Clarified
8/7/17
By: S. Jake Carroll
While the statute of limitations may limit a contractor’s exposure to claims for repair or replacement of defective construction work, many states have also enacted so-called “Statutes of Repose” designed to lay to rest any actions …
Bilt-Rite but Otherwise Wrong? – How Far does Design Liability Extend in Pennsylvania?
8/4/17
By: Scott C. Hofer
It has long been held that construction design professionals and others who engage in the business of supplying information to others for pecuniary gain may be held liable if incorrect information is provided. See Bilt-Rite Contractors, …
The “City in a Forest” Only Saw the Trees: Prompt Pay Act Waiver Requires Specificity
6/8/17
The City of Atlanta v. Hogan Construction Group, LLC, A17A0520, June 7, 2017
By: Jake Carroll
A recent opinion from the Georgia Court of Appeals provides construction professionals with an excellent example of the benefits and consequences of contract drafting …
Is Your Project On The List?
4/12/17
By: Scott C. Hofer
In a change to the Pennsylvania Mechanic’s Lien Law of 1963 the Pennsylvania Department of General Services has opened the State Construction Notices Directory, which is now online and ready to accept lien-related notices. Pennsylvania has …
When it Comes to Materialmen’s Liens, it is Better to Be Safe than Sorry
3/13/17
By: Jake Carroll
While every construction law practitioner should be aware of the numerous technical requirements of Georgia’s lien law, last week, the Georgia Court of Appeals sent yet another reminder that there is little room for error when it …
The Fate of REAXX
2/13/17
By: Daniel A. Nicholson
Per a January 27th ruling, the International Trade Commission (ITC) has ordered Customs to exclude “Bosch Reaxx table saws, and cartridges for those saws, from entering the United States” and issued a Cease and Desist …
Eleventh Circuit Rules: Attorney’s Fees for Everyone! (Including Sureties and General Contractors)
1/31/17
By: Jake Carroll
In U.S.A. f/u/b/o RMP Capital Corp. v. Turner Construction Co., et al., 2017 WL 244066 (11th Cir. 2017) (unpublished), the Court of Appeals for the Eleventh Circuit clarified a previously undecided area of law in …
Changes May Be Coming for H-1B Visa Program
1/12/17
By: Timothy Holdsworth
Recently, Representative Darryl Issa (R-California) re-introduced legislation that would work several significant changes to the H-1B visa program by “closing a loophole” in the current legislation. Currently, Companies must first take good faith steps to recruit and …
Homebuilder Confidence Doesn’t Translate to a Homebuilding Boom
12/21/16
By: Kristian Smith
Confidence doesn’t always translate to construction. A survey from the National Association of Home Builders released earlier this month showed the highest level of homebuilder confidence in 11 years. But the numbers released by the U.S. Census …