The 2017 AIA Construction Contracts Updates

By: Robby C. Stubley For nearly 130 years, the American Association of Architects (AIA) has published some of the most popular and widely used forms and documents in the construction industry. Historically, the AIA has continuously revised and updated those...

New Law Strengthens Georgia’s Business Judgment Rule

by Robby Stubley Recent changes to Georgia's laws have made changes that impact businesses and their decision makers. Specifically, House Bill 192, codified at O.C.G.A. § 7-1-490(c) for banks and O.C.G.A. § 14-2-830(c) and § 14-2-842 (c) for corporations, signed...

Third Circuit Holds AIA 201’s Arbitration Clause Applies Only to Disputes During Construction

We are pleased to welcome a guest author for today's post. Douglas Dodson is a 2016 graduate of the University of Miami's J.D./M.B.A. program, and he is pursuing a career in business consulting. [caption id="attachment_1141" align="alignleft" width="300"] AIA A201 Arbitration...

Federal Court Rules that Subcontractor Duties Are Not Terminated by Contractor’s Modest Underpayment

by Stephanie Dodson Dougherty The Mar-Paul Company, Inc. (“Mar-Paul”) entered into an electrical subcontract with Butch-Kavitz, Inc. (“Butch”) for a renovation project at the Tobyhanna Army Depot in Pennsylvania owned by the United States Army Corps of Engineers. The subcontract...

Exceptions to “No Damages For Delay” Clauses

A “no-damages-for-delay” (NDFD) clause is a very common contract term that provides a defense for the delay-causing owner or general contractor to assert against the harmed party’s request for damages. This defense can be applied to protect the owner from...

Recent Case Highlights the Importance of the Construction Contracts

In a case decided on November 17, Inland Atlantic Old National Phase I, LLC et. al. v. 6425 Old National, LLC, the Fourth Division Court of Appeals of Georgia ruled on fiduciary duties owed under joint venture agreements, applied rules...

Recent Case Hurts Supplier’s Enforcment of Lien

When a building material supplier has not been paid for labor or materials used on a Georgia construction project, that supplier may place a materialman's lien against the owner of the improved real property; this is true even if the...

Waiver of Sovereign Immunity in Georgia Contract Claims

Georgia Construction Contract Claims On September 22, the Supreme Court of Georgia ruled that the state’s sovereign immunity is waived for a surety’s claim against a contract with the state in State of Georgia Department of Corrections v. Developers Surety...

Subcontractors Beware–File Liens and Do Not Rely On Anyone Else for Payment

by Mark Cobb It would be wonderful to live in a world where a handshake or a person’s word meant something. The Georgia Court of Appeals just handed down a verdict in First Bank of Georgia v. Robertson Grading which...

Don’t Make A Mistake–Read Your Contract

by Mark A. Cobb The Court of Appeals of Georgia recently issued their holding in Progressive Electrical Services, Inc. v. Task Force Construction, Inc., and this case interprets some construction contract terms which impact Georgia subcontractors. Specifically, this case gives...