News & Articles

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Discrepancy in Subcontractor’s Name on Contracts Prevents Summary Judgment in Favor of Lien Claimant.

By: Chadd L. Reynolds The recent case Georgia Court of Appeals case of Optum Construction Group, LLC v. City Electric Supply Company,[1] underscores the importance of properly naming the parties when entering into contracts. In this case, a material supplier’s attempt to collect on a lien-discharge bond was complicated by the inconsistent use of the […]

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Governor Kemp Signs Senate Bill to Restrict the Effect of Lien and Bond Waivers

By: Chadd L. Reynolds On August 5, 2020, Governor Brian Kemp signed Senate Bill 315[1] into law. This bill is designed to reverse the Court of Appeals decision in ALA Construction Services, LLC v. Controlled Access, Inc.[2] concerning the types of rights waived by potential lien claimants when executing a lien waiver. In ALA Construction, […]

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Eleventh Circuit Affirms Broad Pleading Standards Triggering Insurers’ Duty to Defend under Commercial General Liability Insurance Policies

by: Chadd L. Reynolds On July 29, 2020, the 11th Circuit Court of Appeals in Southern-Owners Insurance Company v. MAC Contractors of Florida, LLC reaffirmed the lax pleading standards required to trigger an insurance company’s duty to defend the insured for “property damage” under commercial general liability policies. MAC Contractors of Florida, LLC d/b/a KJIMS […]

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Why File a Lien? A General Overview of Materialmen’s Liens Under Georgia Law

by: Chadd L. Reynolds Generally, most contractors, subcontractors, and materialmen that provide labor, services, or materials on a construction project can file a lien on the property for the amounts they have not been paid. A lien allows the lien claimant, the person filing the lien, to take a security interest in the property for […]

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Governor Kemp’s New Executive Order Concerning Coronavirus Provides Additional Guidance for the Construction Industry

By Chadd L. Reynolds On May 12, 2019, Georgia Governor Brian Kemp issued a new Executive Order (the “Order”) which provides a multitude of either suggested or required precautions to be taken by certain individuals, corporations, and entities in an effort to resume normal operations during the Coronavirus pandemic. The Order goes into effect May […]

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Richard Capriola & Eric Coleman Present National Webinar to AWCI on the Legal and Practical Issues of Reopening Construction in the Wake of COVID-19

On May 6, 2020, Richard Capriola and Eric Coleman, both partners at Winter Capriola Zenner, LLC, presented a webinar entitled “A Way Forward, Re-Opening Construction Projects during COVID-19” which was Part 2 of their April 1, 2020 Webinar, “Navigating Uncharted Waters: Legal Ramifications of COVDI-19” to the membership of The Association of the Wall and […]

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Federal Agencies Publish COVID-19 Guidance for Construction Workers

by : Chadd L. Reynolds While the Georgia Governor’s stay-at-home order was allowed to expire on April 30th, 2020, at 11:59 p.m. for most people (except people 65 and older, people in long-term care facilities, and people with moderate to severe asthma and other pre-existing conditions and chronic illnesses), certain federal agencies, the CDC, and […]

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