Jason Gropper | Autry, Hall & Cook On March 2, 2020, by a unanimous vote, the House passed HB 968. This Bill seeks to clarify which civil actions are subject to Code Section 9-3-51, which is the eight-year statute of repose for deficiencies in connection with improvements to realty. If passed by the General Assembly, it would explicitly state that the statute of repose will not apply to breach of express warranties. If the… Continue reading Georgia House Bill Addresses Construction Statute of Repose
Tag: Georgia
Builders Beware: Georgia Court Rejects Suit by Unlicensed Contractor for Unpaid Work
Kevin Levy | Saul Ewing Arnstein & Lehr Unlicensed contractors in Georgia recently were dealt a blow by the state’s Court of Appeals when three judges held that a contractor’s failure to possess a valid state contractor’s license precluded the contractor from bringing a lawsuit for unpaid fees. In Fleetwood v. Lucas, __ S.E.2d __, 2020… Continue reading Builders Beware: Georgia Court Rejects Suit by Unlicensed Contractor for Unpaid Work
Who Decides Whether A Reinsurer Is A Run-Off Reinsurer?
Larry P. Schiffer | Squire Patton Boggs In the past 10 years or so, several ceding companies began adding run-off reinsurer clauses to their reinsurance contracts to mitigate disputes that might arise with reinsurers no longer actively in business. In a recent case, a Georgia federal court had to address whether it or an arbitration… Continue reading Who Decides Whether A Reinsurer Is A Run-Off Reinsurer?
Georgia’s Court Of Appeals Holds That Lien Waivers Waive Breach Of Contract Claims
Derek M. Andre, Darren G. Rowles and William E. Burnett | Smith Gambrell & Russell | November 15, 2019 A recent decision by the Georgia Court of Appeals will force most construction professionals to radically change their view of the scope and effect of statutory lien waivers in the state of Georgia. In ALA Construction Services,… Continue reading Georgia’s Court Of Appeals Holds That Lien Waivers Waive Breach Of Contract Claims
Georgia Supreme Court Addresses Anti-Indemnity Statute
David R. Cook, Jr. | Autry, Hall & Cook | September 14, 2019 In prior blog posts, we addressed Georgia’s anti-indemnity statute. One of the posts addressed the statute in the context of an electric utility easement near an airport. That case made its way to the Supreme Court Georgia, which provided some additional clarity… Continue reading Georgia Supreme Court Addresses Anti-Indemnity Statute