News & Articles

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Best Practices for Handling Construction Delays

By:  Eric B. Coleman, Esq. Delays are a common occurrence on construction projects and they can turn an otherwise profitable contract into a nightmare of cost overruns and liability. Not only are they common, construction delays are typically complicated. Usually, the contract terms deal broadly with who carries the risk for delays and the extent […]

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What Every Contractor Should Know About Mediation

By: Richard J. Capriola There is a common misunderstanding about what mediation is and how it can be used to resolve a construction dispute. Client questions like “is mediation binding” and “will the mediator decide who wins” highlight the confusion between mediation, arbitration and trial. Mediation is essentially a meeting where adverse parties sit down […]

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Negligent Hiring in Georgia: Do Your Homework Before Hiring

By:  Lindsey R. Harrison, Esq. In Georgia, employers are required to exercise ordinary care in the selection of employees. This means that if an employer knew, or should have known, of an employee’s tendency to engage in certain behavior and that behavior results in harm to another while the employee is acting in the course […]

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Georgia’s Revised Garnishment Statute and Procedures

By: Kyle P. Shaughnessy, Esq. Georgia’s garnishment statute, O.C.G.A. § 18-4-1 et seq., was recently amended by the Georgia legislature in response to a court decision which deemed it unconstitutional. As garnishment is an important tool in the collections process, it is important to understand the changes to the process and procedure in the new […]

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Premises Liability in Georgia: Are You Doing Enough to Protect Against Third Party Criminal Acts?

By:  Lindsey R. Harrison, Esq. Under some circumstances, owners and occupiers of land can be held liable for third party criminal acts that take place on their property. These types of lawsuits, which often involve apartment complexes, condominiums, hotels, bars, convenience stores, shopping malls, or workplaces, can result in significant costs to the property owner. […]

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REGULATING DRONES IN YOUR COMMUNITY

By: Kyle P. Shaughnessy, Esq. As aerial drones become more prevalent, they raise a variety of issues that can affect communities. Drones can crash into people, vehicles, or property due to mechanical or operator error, they can make annoying noises, and, since many drones are equipped with cameras, they raise serious privacy concerns. Additionally, the […]

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IMPORTANCE OF SUBORIDINATION OF DEVELOPMENT LOANS TO RESTRICTIVE COVENANTS

IMPORTANCE OF SUBORIDINATION OF DEVELOPMENT LOANS TO RESTRICTIVE COVENANTS By: Eric B. Coleman, Esq. Serious problems can occur if a lender fails to subordinate its development loan to a community’s restrictive covenants, restrictions, and easements during or prior to development. If the loan goes into default and the lender forecloses, the result can be chaos […]

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