Recent Posts

Construction Pricing Provisions

John F. Kennedy once said: “Let us never negotiate out of fear, but let us never fear to negotiate.” It was not all that long ago that subcontractors were able to offer price guarantee estimates and bids. With material cost increases, supply chain disruptions, and labor shortages, it is becoming increasingly difficult to effectively estimate

Navigating I-9 Verification & E-Verify in the Construction Industry: A Legal Perspective

In an era of heightened immigration enforcement and compliance, it is crucial for businesses, especially those in the construction industry, to understand and adhere to the requirements of I-9 verification and E-Verify. Immigration laws in the United States have significant implications for employers, and failing to comply can result in severe penalties. Understanding I-9 Verification

The Construction Industry’s Cyber Vulnerability is a C-Suite Risk

Written by: Jade Davis, Esq. Continued technological advances in artificial intelligence, robotics, and remote and cloud-operated machinery have amplified the need for the construction industry to have a robust cyber risk strategy. As a result, cybersecurity is now firmly positioned as a c-suite risk and should be a regular topic of conversation at the Board

Funding in Complex Construction Litigation: Strategies and Best Practices to Turn the Tables on Funding-Backed Plaintiffs

Written by: Matthew J. Lang, Esq. Background Litigation funding is not new. Since litigation funding was conceived, it has been a proverbial thorn in the sides of defense attorneys and insurance adjusters. Those defense attorneys and adjusters who have handled cases involving outsourced funding know that litigation funding makes cases extremely difficult to settle. When

Georgia Court of Appeals Rules that Eight-Year Statute of Repose Bars Long-Term Warranty

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 .

Third-Party Claims by a General Contractor against its Subcontractor in Construction Defect Lawsuits in South Carolina

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

New OSHA Rule On Respirable Crystalline Silica will Affect Construction Employers.

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

Road Contractor Not Held Liable for Completed Road Work

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

Indemnification Clauses – An Often Litigated Contractual Provision

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