Roben West | PropertyCasualtyFocus In Century Communities of Georgia LLC v. Selective Way Insurance Co., the Eleventh Circuit Court of Appeals affirmed that the Georgia Supreme Court’s 2012 opinion in Hoover v. Maxum Indemnity Co. does not apply to “coverage defenses” — that is, whether a loss is potentially covered under a policy in the first place. Rather,… Continue reading 11th Cir. Affirms That Georgia’s Implied Waiver Doctrine Cannot Be Used to Create Coverage
Tag: Georgia
The Contract Matters When Navigating Notices to Cure
J. Christopher Selman and Mason Rollins | Buildsmart Any time a contractor receives a notice to cure, it should tread carefully and review its contract to determine its response. Recently, the Georgia Court of Appeals evaluated a case in which the general contractor terminated the subcontractor’s contract for failure to provide adequate labor to the… Continue reading The Contract Matters When Navigating Notices to Cure
Georgia Bill Would Require Full Replacement for Some Types of Roofs
Insurance Journal Georgia homeowners and roofers are urging lawmakers to take up a bill that would require insurers to provide full replacement of some types of roofs even when only a few shingles are damaged. Supporters of House Bill 1310 have used Florida as an example of states that require the full replacement of most… Continue reading Georgia Bill Would Require Full Replacement for Some Types of Roofs
Attacks on Contract’s Validity are Likely Insufficient to Overcome the Binding Effect of the Contract’s Arbitration Provision
Alexander Thrasher | Bradley A recent opinion from the Court of Appeals of Georgia illustrates that contracts entered into with an unlicensed contractor, which are often unenforceable by an unlicensed contractor under many states’ laws, likely will not defeat the Federal Arbitration Act’s (FAA) deference to arbitration as the forum for determining whether a contract… Continue reading Attacks on Contract’s Validity are Likely Insufficient to Overcome the Binding Effect of the Contract’s Arbitration Provision
Georgia Legislature Amends Mechanic’s Lien Law
J. David Pugh and Connor J. Rose | Buildsmart An important update to Georgia’s statutory lien waiver laws took effect on January 1, 2021. The amendment to Georgia’s mechanic’s lien law alters the form for interim and final lien waivers. Essentially, the new statute clarifies that lien waivers only waive lien or bond rights against the property… Continue reading Georgia Legislature Amends Mechanic’s Lien Law