News & Articles

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

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

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 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

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. In order to avoid these … Read More

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 regulation of drones is in … Read More

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 for the association and property owners. Developers and property managers should be cognizant early … Read More

Classifying workers as either employees or independent contractors is not always easy. Simply labeling a worker as an independent contractor does not in itself establish the actual status of that worker in relation to the employer. The consequences of a misclassification can be disastrous to employers, resulting in government fines, back taxes, unpaid benefits, and … Read More

As the Internet has become the go-to source of information for most people, the first instinct of many residents of community associations who want information about their community or wish to communicate with the board of directors, their property manager, or their neighbors, is to go online. In addition to maintaining a website to allow … Read More

WCZ recently obtained two favorable decisions from the Georgia Court of Appeals in favor of its client, an individual who had guaranteed several multi-million-dollar real-estate loans. In the two related cases, a Rialto subsidiary (“Rialto”) was found to have twice breached its Settlement Agreement with WCZ’s client and was ordered to pay the legal fees … Read More