5/27/21
By: Ryan Mayo Owners, contractors, and subcontractors should be aware of the importance of detailing warranties in construction contract clauses. Failure to clearly state such warranties could result in a party’s liability for violation of implied warranties should litigation occur. Prior to the U.S. Supreme Court’s decision in United States v. Spearin, 248 U.S. 132 (1918),…
Massachusetts Statute of Repose Applies One Building At a Time
12/22/20
By: David Slocum The Massachusetts Supreme Judicial Court (the “SJC”) recently issued an important decision addressing the previously unanswered question of when the Massachusetts 6-year statute of repose for defective design, planning, or construction is triggered for purposes of alleged defects in the common areas of a multi-building, multi-phase condominium construction project. In D’Allessandro v.…
4/2/20
By: Sean Riley Governor Tom Wolf has issued an executive order closing all businesses in Pennsylvania that are not deemed to be “life-sustaining.” Residential and non-residential building construction, as well as utility subsystem, road and bridge construction are all specifically listed as businesses that must immediately cease physical operations. However, “emergency repairs” and “construction of…
City of Atlanta’s COVID-19 Shut-Down Order Impacts Certain Construction Projects
3/24/20
By: Jake Carroll Executive Order Number 2020-21 (“Shut-Down Order”) was issued by Kiesha Lance Bottoms, the Mayor of Atlanta, on March 23, 2020 at 8:49PM. Atlanta’s Shut-Down Order is more restrictive than similar orders seen in Florida (with broader exceptions for construction) and California (allowed some construction to proceed). Key Terms: Jurisdiction: Order only applies…
COVID-19: Common Issues in Construction Contracts.
3/23/20
By: Catherine Bednar, Jake Carroll and Ben Dunlap On March 17, 2020, Boston became the first U.S city to order a halt to work on all construction sites due to the coronavirus, shutting down work two weeks. Since then, other states and cities have issued shutdown orders due to the pandemic, varying significantly in their scope…
Georgia Court of Appeals Upholds Statute of Limitations Defense in Exterior Siding Case
1/9/18
By: Jan S. Sigman In Georgia, a negligent construction action must be brought within four years from when the right of action accrues. The right of action accrues when the plaintiff first could have maintained the action to a successful result, which means substantial completion of the project in original construction cases or the sale…
Recent Georgia Court of Appeals Decision a Cautionary Tale for Subcontractors
7/28/14
By: Gautam Y. Reddy The Georgia Court of Appeals recently issued an opinion dismissing a paving subcontractor’s claims for payment. The case, First Bank of Georgia v. Robertson Grading, Inc., (Case No. A14A0701), represents a rather harsh result for the subcontractor, Robertson Grading. In doing so, it serves as a reminder for subcontractors in Georgia…
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 law also applies to a non-federal contract if the project is at least partially paid…
Statutes Affecting Indemnification Agreements in Construction Contracts
11/6/12
By: Kamy Molavi It is quite common for parties involved in construction projects to include indemnity provisions within their construction contracts. In recent years, a majority of states have enacted anti-indemnity statutes that restrict, modify, or invalidate indemnification agreements in construction contracts. With respect to the degree of fault against which indemnity may be barred,…
Georgia Court of Appeals: General Conditions Costs and Interest Cannot Be Included in Claim of Lien
7/12/12
By: Kamy Molavi
On July 11, 2012, the Georgia Court of Appeals issued an opinion in the case of 182 Tenth, LLC v. Manhattan Construction Company (2012 WL 2819414). The Court ruled that “items of general conditions costs described in the payment applications were not lienable because they were not labor, services, or materials which