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 …
Georgia Court of Appeals Decides Rare Case on Electronic Discovery
6/27/13
By: Bart Gary
On June 18, 2013, the Georgia Court of Appeals decided a case involving electronic discovery. In a business dispute, and in response to about 100 unique requests for production of documents from the plaintiff, defendants scanned all …
Legislative Changes
6/2/13
By: Bart Gary
This year’s session of the General Assembly saw several new laws and amendments affecting the construction industry.
- Mechanic’s Lien Law
The General Assembly adopted a change to O.C.G.A. § 44-14-361 regarding the amount that may be …
Right of Contribution among Joint Tortfeasors is Still Viable in Georgia
4/2/13
By: Bart Gary
Most believed that the right of contribution among joint tortfeasors (two or more persons whose negligence combine to cause injury or damage) was abolished in Georgia in 2005 when the tort reform legislation went into effect. On …
Minnesota High Court Rules that Additional Insured is not Covered in the Absence of Negligence of the Named Insured
3/28/13
By: Bart Gary
Many contracts, especially construction contracts, will contain a provision whereby one party, usually a subcontractor, agrees to add the other party to the contract, usually the general contractor, as an additional insured on the former’s insurance coverage. …
Keys to Effective Hold Harmless Agreements
2/7/13
By: Bart Gary
The Hold Harmless (Indemnity) Clause of a contract is like the lifeboats on a cruise ship — they just hang around until disaster strikes, and you hope they still work. Periodic review keeps them from becoming obsolete …
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 …