As much of the world has gone into quarantine, many businesses have been forced to close to the public, temporarily change the way they do business, or cease operations all together. Companies have started asking whether COVID-19 may excuse them from performance under the force majeure clause in their contract. So, what is force majeure … Read More
News & Articles
Meetings in the Time of COVID-19
The COVID-19 outbreak (and the resulting CDC and government advice to limit the size of gatherings) hit Georgia while annual meeting season for community associations was still in full swing. Many communities had scheduled their annual meeting and sent out notices, and others were in the process of doing so. This has resulted in many … Read More
Impact of City of Atlanta’s Executive Order on Construction Projects
On March 23, 2020, the Mayor of the City of Atlanta, Keisha Lance-Bottoms, issued Executive Order Number 2020-21 (the “Order”), declaring there to be an emergency within the City of Atlanta due to the CONVID-19 pandemic. Generally, the Order requires individuals to stay at their place of residence and prohibits all gatherings of any number … Read More
COVID-19: Will Insurers Cover Losses Due to a Stoppage of Business? – How My Existing Policy Will Be Applied
Over the last several weeks, the coronavirus, more specifically identified as COVID-19, has meaningfully impacted nearly every facet of American daily life. Businesses are among those hardest hit by state and local shelter in place orders and the closure of all but essential businesses. As such, many business owners will look to their property insurance … Read More
Best Practices for Handling Construction Delays
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 of damages that may be … Read More
Stephen A. Winter to Speak at Cai-Georgia’s Inaugural Education Seminar January, 2017
Managing Partner Stephen A. Winter will be speaking at the inaugural CAI-Georgia Education Seminar on January 27, 2017 at the Westin Atlanta Perimeter North Hotel (“Seminar”). Stephen will be speaking on Established Solutions for Emerging Trends including, but not limited to, leasing, online rental websites, corporate occupancy, entering into agreements with cable & high-speed internet … Read More
Richard Capriola & Eric Coleman to Speak at AWCI’s Annual Convention in Las Vegas March, 2017
Partner Richard Capriola and Senior Associate Eric Coleman have been invited to speak at the Association of the Wall and Ceiling Industry’s (“AWCI”) Annual Convention in Las Vegas, Nevada, March 29, 2017. Their presentation will focus on asserting and defending delay claims, from key contract terms through the claims process and litigation. Drawing on their … Read More
What Every Contractor Should Know About Mediation
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 and try to negotiate … Read More
Negligent Hiring in Georgia: Do Your Homework Before Hiring
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 and scope of his employment, … Read More
Georgia’s Revised Garnishment Statute and Procedures
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 statute in order to ensure … Read More