Now that some time has passed since the tragic collapse of the Surfside condominium building in Florida, two questions continue to ring louder than all of the others. “What happened?” and “How do we prevent this from happening again?” While government officials, family members of loved ones who passed away in the collapse and engineering … Read More
News & Articles
Discrepancy in Subcontractor’s Name on Contracts Prevents Summary Judgment in Favor of Lien Claimant
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 subcontractor’s name on contract … Read More
Governor Kemp Signs Senate Bill to Restrict the Effect of Lien and Bond Waivers
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, the parties disputed whether … Read More
Eleventh Circuit Affirms Broad Pleading Standards Triggering Insurers’ Duty to Defend under Commercial General Liability Insurance Policies
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 Construction (“KJIMS”) was hired … Read More
Why File a Lien? A General Overview of Materialmen’s Liens Under Georgia Law
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 the amount stated in … Read More
Governor Kemp’s New Executive Order Concerning Coronavirus Provides Additional Guidance for the Construction Industry
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 14, 2020 at 12:00 … Read More
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 … Read More
Federal Agencies Publish COVID-19 Guidance for Construction Workers
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 OSHA, are continuing to publish … Read More
The Coronavirus and Commercial Rent Payments
Many businesses have been faced with the exact same question, how are they going to pay their rent? The local and state stay-at-home orders have caused many businesses to close all together or suffer severely diminished revenue. Commercial landlords, on the other hand, are relying on tenant rent payments to meet their financial obligations. So, … Read More
Construction Contracts in the Time of the Coronavirus Pandemic
As cities and states begin to issue executive orders that impose restrictions on the movement of people and operation of businesses, public and commercial construction projects have generally been permitted to continue construction. Nevertheless, the construction industry is feeling the effects of the coronavirus. Having previously discussed some general considerations parties to construction contracts should … Read More