One issue that must be addressed in every construction defect case is whether the claim being presented is within the applicable statute of limitation. In Georgia, a claim for negligent construction is considered a claim for damage to realty, and thus, should be brought within four years after the right of action accrues. See O.C.G.A. § 9-3-30. Occasionally, there are issues regarding when an action “accrues” so that the statute of limitation will begin to run; however, in the construction context, Georgia Courts have explained that the cause of action for negligent construction “accrues when the project is substantially completed, and ignorance of the damage does not toll the time period.” Wilks v. Overall Construction, Inc., 296 Ga. App. 410, 413 (2009). The rationale behind running the statute of limitation from the time of substantial completion of a construction project is that the existence of the construction defect immediately gives…       Read More

As we approach July 4th and Labor Day, employers are often asked about how Company approved holidays interact with FMLA leave.  DOES THE HOLIDAY COUNT AGAINST THE 12/26 WEEKS TOTAL?  An employee is entitled to up to 12 workweeks of FMLA leave for most qualifying reasons or up to 26 workweeks of FMLA for military caregiver leave.  When a holiday falls during a week in which an employee is taking the full week of FMLA leave, the entire week is counted as FMLA leave.  However, when a holiday falls during a week when an employee is taking less than the full week of FMLA leave, the holiday is not counted as FMLA leave, unless the employee was scheduled and expected to work on the holiday and used FMLA leave for that day.  If the employee is entitled to holiday pay while substituting paid leave for unpaid leave, the fact the…       Read More