GEORGIA CONSTRUCTION, BOND & LIEN LAW BLOG

Kudos to West Virginia University second-year law school student Andy Loud for his great music video combining the Maroon 5′s music and the perils of law school.  Enjoy!

The Forum on Construction Law which is a part of the American Bar Association (ABA) is a very active group of construction lawyers, and Mark Cobb is proud is be an active participant in this great organization.  He is looking forward to next week, when the Construction Industry Forum will have its 2013 Midwinter Meeting with a focus on “Making Dollars and Sense of Construction Damages.”

It’s a wonderful opportunity to attend seminars and panel discussions related to construction law, to earn continuing legal education hours, to learn about the latest construction cases, to meet and visit with collogues from all over the county.  Some of the topics which Mark will hear include:

• Delay Damages
• Construction Contract Drafting to Reduce or Eliminate Damages
• Working with Damages Consultants
• Preparing the Damages Expert for Trial
• Graphics for Damages Presentations
• Direct and Cross Examination of the Damages Expert
• The Reality Behind the Theory of Lost Labor Productivity Claims
• Terminations for Convenience
• Green ConstructionProjects
• What to Do When Damages Aren’t Enough
• Ethics in Construction Law

In addition, there will be break-out sections for specific sub-groups of construction law professionals.  Mark actively participates in Division 9 which deals with issues related to specialty subcontractors, suppliers, mechanics and materialmen’s liens, and surety and payment bond claims.  At these break-out sessions, Mark looks forward to increasing his knowledge of emerging trends and the latest developments in lien and bond law.  In fact, it is through his work with Division 9 that he was asked to help write the forthcoming book on Subcontractor Law which will be published in 2014!

Mark is a Georgia lien and bond attorney, but the ABA Forum on Construction Industry is open to all lawyers, and Mark encourages your participation.  If you have ever attended a Forum meeting, then you know how educational they are.  Please leave a comment about your experience with the ABA Construction Law Forum meetings.

For the fourth year, the Construction Marketing Ideas blog is hosting a competition for the Best Construction Blog.  And, our firm’s blog, Georgia Construction, Lien & Bond Law Blog, has been nominated to compete for this prestigious contest.

Cobb Law Group’s Founding Partner, Mark Cobb, was honored to be included in this competition.  “Construction Marketing Ideas is a great resource for construction professionals, and they are always looking for quality information to share with others.  There are a lot of fine construction blogs on the web–some directly related to construction law and others focusing on other aspects of the construction industry–and Construction Marketing Ideas wants to bring together some of the best.  It’s terrific to be included in a pantheon of other great blogs, and we are grateful to the contest leaders for putting this event together and writing such a wonderful review of our blog.”  To see the great review of our blog from their editors, please click here.

Now, the fun part begins–WE NEED YOUR VOTE: Visitors to the Construction Marketing Ideas’ blog can vote for their favorite blog, and we hope that you’ll  vote for us!  All you have to do is, go here:

https://constructionnrhroup.wufoo.com/forms/r7p3p1/

scroll down to the bottom of the page and tick the box next to the name of your favorite blog (hint-hint, Georgia Construction, Lien & Bond Law Blog by the Cobb Law Group).  The contest begins February 1, 2013 and ends on April 1, 2013, so please get your vote in as soon as possible!

We are so excited to be a part of this competition, and we thank you for your support.

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.

by Mark A. Cobb

Focusing on Georgia Subcontractor Law, the Cobb Law Group is very fortunate to maintain a full slate of terrific clients.  Almost without exception, our clients are leaders in their field and provide quality specialty construction services and general contracting services throughout Georgia.  During this season of thanksgiving, we are grateful for the opportunity to work with such fine clients, and we are particularly pleased to announce that one such client, Taylor Commercial, Inc. was recently awarded the First Place 2012 Build Georgia Specialty Contractor Award which is given by the AGC Georgia (Associated General Contractors of Georgia).  Congratulations!

This prestigious award demonstrates the exceptional quality of work that Taylor Commercial regularly provides to its customers.  We thought our readers might appreciate learning a little bit more about this award and highlight Taylor Commercial’s outstanding performance:

Summary of Project:  In March of 2011, Choate Construction Company connected with Taylor Commercial for assistance with the exterior siding portion of The Hub, a multi-use recreational building at Camp Winshape for Girls in Mount Berry, Georgia.  Taylor Commercial installed James Hardie fiber cement “Artisan” brand lap siding, which is almost twice as thick as normal fiber cement siding, and is rarely used in the Georgia market. This brand of fiber cement siding was used for the exterior cladding, providing a fiber cement exterior that is among the most durable in the industry.  Representatives of Taylor Commercial believe that their installation of this product at The Hub was the first and largest commercial project to use this product in Georgia.

Innovative Construction Techniques:  The Hub project involved the installation of siding on steel framing construction, which is not typical for siding application as all of the materials were fastened either with self-tapping screws or powder-actuated fasteners or “shots”.

Excellence in Project Management and Scheduling:  Due to the tight project schedule, multiple exterior trades that would normally be “sequential” were required to work “concurrently”, creating very challenging working conditions.  Also, the siding and trims above the pre-painted metal standing seam roof presented a challenge because the roof was already installed before Taylor Commercial started installation of the siding; accordingly, Taylor Commercial had to access these walls without damaging the roof which was very difficult.  To accomplish this, they employed many techniques to protect the roof from scratches such as using hydraulic man-lifts, drop cloths where needed, and shoe soul protection.

Excellence in Customer Care: Taylor Commercial states, “For customer care we remained in constant communication with the project manager, job superintendent, and trade foremen in order to remedy and alleviate the many challenges.  This was truly a team effort by all parties involved and we strived to act and lead as a model team member.”

The Cobb Law Group is proud to work with such a great Georgia contractor, and if you want to learn more about Taylor Commercial, please click here.  We would enjoy hearing your comments about this spotlight.

by:  Mark A. Cobb

The Cobb Law Group appreciates the sacrifices made by our country’s military veterans, and we are pleased to share a wonderful resource for our readers.  If you have a job vacancy–construction or otherwise–then you should consider the American Jobs for American Heroes website which allows you to post a free job advertisement.  The web site is designed to put more than 60,000 unemployed National Guard members and military veterans back to work in private sector jobs.  This could be a great resource for Georgia’s prime contractors, specialty trade contractors and material suppliers to find and hire skilled, trustworthy employees and help out a veteran.

If you (or anyone you know) seeks trained, experienced, and reliable employees, then you can register at the American Jobs for American Heroes website and easily post your  job openings for free!  The campaign is an initiative of the Corporate America Supports You and the Military.  According to the website, national guardsmen have much to offer employers as these individuals are trained to be both leaders and to work as part of a team.  In addition, the National Guard provides more than 107 types of training, many of which correspond directly to types of skills training provided by companies for their employees, and includes those skills necessary for our clients and their construction, development and contracting projects in such diverse areas as electrical, equipment operation, drafting, logistics, and HVAC.

One sobering point–the website mentions results from mobilizations.  Apparently, National Guardsmen who return home from Iraq and Afghanistan experience a tremendous amount of stress when it comes to the prospect of unemployment upon their return.  For example, the website says, “the 41st BCT Army National Guard out of Oregon returned from deployment in April 2010 and reported 969 out of approximately 3,000 soldiers faced unemployment. This statistic, a staggering 34%, was obtained at the demobilization station before soldiers had even returned to home station. Once the unit is home for a short time the rate for the unit is expected to rise to as much as 54%”.

Please leave a comment if you are a veteran returning home from deployment and looking for a job or if you are an employer posting a construction job opening on the web site, and know that the Georgia construction attorneys at the Cobb Law Group appreciate everything you do!

by:  Mark Cobb

Construction sites get a bad rap.  Movies and plays show overweight, middle-aged contractors ogling girls and yelling out cat calls from beams and heavy equipment.  But, if you look closely at some Georgia construction sites, you just might see something entirely different……

……PINK CRANES!

Let us know if you see the Pink Crane!

That’s right, Mableton’s family-owned Phoenix Crane Rental Company has painted a 40-ton crane pink to show its support for the National Breast Cancer Foundation (“NBCF”); in addition, Phoenix Crane is donating a portion of its revenues to this worthy charity.  The Cobb Law Group is pleased to salute this company and its wonderful cause!

We cannot imagine the unexpected thrill that passers-by to the pink crane will get much less the resulting conversation.  “Pink?” they may ask, “Is that a crane?”.   Personally, I think a pink crane is an ideal medium for promoting conversations about breast cancer.  Although construction sites may seem like an unlikely place for such conversations to occur, it is a sad fact that breast cancer has touched virtually every family at some time or another.  This makes a pink crane an ideal symbol as cranes build up, cranes support, cranes lift.  And, that’s exactly what the NBCF and the wonderful people at Phoenix Crane Rental are trying to do.

Crane Operator Jessica Ives of Phoenix Crane Rental

The pink crane has been around all summer, and it is operated by certified crane operator Jessica Ives.  According to Phoenix Crane Rental’s CFO and Vice President Karen Barton, “Phoenix Crane has every intention to keep the crane in operation for the lifetime of the equipment . . .Every dollar we can contribute yields a far greater personal and organizational return than anything else we could have gotten involved in.”

Phoenix Crane Rental hopes that its pink crane will raise awareness about NBCF so that others will support this charity and its goal to offer free mammograms for women in need, to promote early breast cancer detection, and to provide educational programs for those whose lives are touched by breast cancer.

If you would like more information, please check out Phoenix Crane’s website as well as NBCF’s website.  If you see the pink crane, please let us know and share with us its location by leaving a comment below!

Dear Faithful Readers,

Every year, the American Bar Association publishes its list of the Top 100 legal blogs (affectionately referred to as a bLAWg) in the country.  Law firms are not allowed to nominate themselves, but we can direct our readers to the nomination link.  So, here’s your chance to nominate our Georgia Construction, Lien & Bond Blog as a Top 100 bLAWg by visiting http://www.abajournal.com/blawgs/blawg100_submit/ Thank you very much!

Your humble blogger.

By:  Mark A. Cobb

Cobb Law Group

Admittedly, this is a little off-topic, but we have been keeping an eye on California’s ban on fois gras; this new legislation (California SB 1520) took effect on July 1, and it prohibits the  production of fois gras as well as the sale of foie gras in California.  In other words, restaurants in California can no longer serve fois gras, and a violation of the prohibition can result in a $1,000 a day fine!

On July 2nd–the day after the law went into effect–a lawsuit was filed in the Los Angeles Federal District Court on behalf of Canadian foie gras exporters, a NY state-based foie gras producer and a Southern Californian restaurateur claiming that the law is vague and violates the U.S. constitutional commerce clause.  You can read the full text of Association Des Éleveurs de Canards et D’Oies de Québec, HVFG, LLC and Hot’s Restaurant Group, Inc. v. State of California  here. In addition to requesting a permanent ruling on these points, the lawsuit also asks the judge to issue a preliminary injunction prohibiting the enforcement of the foie gras ban.

It may be a few weeks before the judge reviews the lawsuit and decides about the preliminary injunction; but, stay tuned, as we’ll continue to keep you posted on further developments.

by:   Mark Cobb

Cobb Law Group

This afternoon, our expected highs will be in the mid 90′s!  This is hot!  It doesn’t matter whether you are sitting in your house by an air conditioning vent, running errands or working outside, this is hot!.  Because many of our clients are construction professionals and many of their employees work outside, we thought you might appreciate learning about a new mobile phone app for those who spend time outside.  In fact, OSHA’s website has some useful tools for those outside in the heat including a mobile phone app that helps calculate the heat index.  Click here to download the heat index app for your iPhone or Droid mobile phone!

According to the OSHA website:

“When you’re working in the heat, safety comes first. With the OSHA Heat Safety Tool, you have vital safety information available whenever and wherever you need it — right on your mobile phone.

“The App allows workers and supervisors to calculate the heat index for their worksite, and, based on the heat index, displays a risk level to outdoor workers. Then, with a simple “click,” you can get reminders about the protective measures that should be taken at that risk level to protect workers from heat-related illness—reminders about drinking enough fluids, scheduling rest breaks, planning for and knowing what to do in an emergency, adjusting work operations, gradually building up the workload for new workers, training on heat illness signs and symptoms, and monitoring each other for signs and symptoms of heat-related illness.”

For more information about safety while working in the heat, see OSHA’s heat illness webpage, including a new online guidance about using the heat index to protect workers

If you try this new app, we’d enjoy hearing your response about its effectiveness.  Please leave us a comment today!