Authors: Tiffany Winks

Written by: Patrick Fitzgerald The broad language employed by the Georgia Court of Appeals in Southern States Chem., Inc. v. Tampa Tank & Welding, Inc., 2019 WL 5616691 (Ga. Ct. App. Oct. 31, 2019) could jeopardize long-term construction warranties in the face of Georgia's eight-year statute of repose for any "action to recover damages . . . [f]or any deficiency in the . . . design, . . .

Written by: Elizabeth Wieters, Esq. In August, the South Carolina Court of Appeals issued two opinions in Stoneledge at Lake Keowee Owners’ Ass’n v. Clear View Constr., LLC, 776 S.E.2d 426 (S.C. Ct. App. 2015) and Stoneledge at Lake Keowee Owners’ Ass’n v. Builders FirstSource-Southeast Grp., 776 S.E.2d 434 (S.C. Ct. App. 2015). Our firm represented the initial general contractor in the underlying lawsuit. We do not represent the appellants in these

By: Don Benson and Crighton Allen OSHA is proposing a new construction standard to protect workers from exposure to respirable crystalline silica. The proposed Regulation has been forwarded by OSHA to the Office of Management and Budget for final review. OSHA’s proposal, generally, is to lower the existing permissible exposure limits (adopted in 1971) by about 50%. Among their many changes, the new OSHA rules will now require construction employers to: • Measure the amount of

Written by: Tiffany R. Winks, Esq. The general rule in Georgia is that a road contractor cannot be held responsible for completed work over which he no longer exercises control. While there are exceptions to this general rule, such as work that is so negligently defective as to be considered imminently dangerous, if the work performed by the contractor is not shown to come within one of the exceptions to

Written by: Pamela L. Coleman, Esq. An often litigated, and often overlooked or non-negotiable, provision of construction contracts is the indemnification clause.  Such provision requires a party to protect another from claims and damages.  It seeks to impute liability to the indemnitor for the torts, or negligence, of the indemnitee.  The general rule in Georgia is that indemnity clauses are enforceable as written, including those that expressly, clearly, and unequivocally