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 …
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, …
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 …
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. …
Beware If You Have Commissioned Employees in California – New Law Takes Effect in 2013
12/27/12
By: Brad Adler
For those employers that have operations in California, remember that California’s new commission contract law takes effect January 1, 2013. Under State Law 1396, employers who pay commissions to their employees are required to enter into written …
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 …