Georgia Construction, Bond & Lien Law Blog


Cobb Selected to Co-Author ABA Book on Subcontractor & Supplier Law

Posted in Current Legal Issues,Miscellaneous by Blue Blog on the December 28th, 2012

Book on Georgia Subcontractor Law by Mark Cobb

The Cobb Law Group is pleased to announce that its founding member, Mark Cobb, has been selected to be a co-author of a book on Subcontractor Law to be published by the American Bar Association‘s (ABA)  Forum on the Construction Industry.  Mark is honored to be the only lawyer from Georgia who will be contributing to this scholarly book as his co-authors are a distinguished panel of construction lawyers from across the country.

The working title of the book is “Construction Subcontracting and Teaming”, and it is edited by three highly regarded construction attorneys: Aaron Silberman from California, Joe Kovars from Maryland, and Sheila Sayne from Oklahoma.  This book will be a significant resource for law students, attorneys, judges, business owners, credit managers as well as for construction professionals who need to understand their construction contract rights and obligations, defaults, remedies and other vital topics.  Currently, the book proposal includes 23 chapters including the following topics:

  • Form Construction Contracts (such as AIA contracts and ConsensusDOCS);
  • Subcontractor Contract Terms;
  • Negotiation and Drafts Issues for Subcontractors and Suppliers;
  • Scheduling and Performance;
  • Mechanics and Materialmen’s Liens;
  • Changes and Differing Site Conditions;
  • Subcontractor Payment Issues;
  • Contract Termination;
  • Claims Against Prime Contractors;
  • Claims Against Subcontractors;
  • Warranties;
  • Indemnification and Types of Liability;
  • Labor and Safety Issues;
  • Insurance, Builders Risk Insurance, and other types of Insurance;
  • Surety Bonds including Payment Bonds and Performance Bonds;
  • Specialty Contractor Licensure;
  • Contract Disputes;
  • Issues Unique to Residential Construction Projects;
  • Public Projects (Federal, State and Local);
  • Alternative Project Delivery and BIM Impacts on Subcontracting;
  • Green Building Projects including Green Guarantees and Subcontractor Responsible Credits;
  • Globalization and International Projects;
  • Subconsulting Design Contracts;
  • Supply Contract Issues; and
  • Teaming Arrangements including Joint Venture Agreements and Letters of Intent.

This tremendous compilation of subcontractor law will be the first book published with specific focuses on subcontractor law.  Hopefully, its publication will increase knowledge and understanding in the construction law field.  It will concentrate on national construction law precedence, emerging trends, recent legislation, and specific issues important to every legal practitioner, subcontractor, credit manager, and supplier.

Mark Cobb and Florida construction lawyer Jim Dickson will be co-authoring a section of the book focusing on subcontractor payment and payment problems.  The duo intend to include a survey on payment issues faced by subcontractors including:

  • Determination of Payments (Fixed Price, Unit Pricing Cost Plus Pricing);
  • Conditions Precedent to Payment;
  • Retention / Retainage;
  • Impact of Liquidated Damages Clauses;
  • Impact of Merger Clauses;
  • Impact of Flow-Down Clauses;
  • Joint Check Agreements;
  • Cross-Default Construction Provisions;
  • Alternative Dispute Resolution Clauses and their impact on Lien Laws;
  • Mechanics and Materialmen Lien Statutes;
  • Impact of Lender Mortgage Priority;
  • Payment Bond Statutes;
  • Prompt Payment Statutes;
  • The Doctrine of Unjust Enrichment; and
  • Equitable Liens.

“It’s terrific to be a part of such an esteemed group of nationally-recognized construction lawyers working together. ” says Mark.  “This is a long overdue, and much-needed resource on subcontractor law . We have been working on the book over six months; this process takes time and the anticipated publication date is spring 2014.  Thus, there will be a lot more work, research, writing, revising and editing to make the book the caliber it needs to be.”

The Cobb Law Group focuses its practice on representing specialty subcontractors and material suppliers throughout Georgia, and we’re confidence that our legal experience, knowledge and understanding of the issues affecting subcontractors and suppliers will benefit every lawyer and construction professional working in Georgia and throughout the country.  We look forward to keeping you up-to-date as the book’s progress continues.