Apr 14, 2015

Will a Duty to Inspect the Site Adversely Affect a Differing Site Conditions Claim?

Last month, we discussed why utility contractors should insist on the inclusion of a differing site (changed) conditions (“DSC”) clause in their contracts. A DSC clause allocates to the owner the risk that actual physical conditions at the site are materially different from the expected physical conditions at the site, along with establishing a procedure for adjusting the contract price and time for DSCs.  Absent a properly drafted DSC clause, the doctrine of sanctity of contract normally places the risk on the contractor if the work is more difficult, costly, or time-consuming than expected due to a DSC. DSCs fall… Read more

Nov 18, 2014

Georgia Lien Law: How much time do I really have to file a Lien Action?

In 2009, Georgia amended its lien statute. One of the many amendments to the statute requires lien claimants to include on the face of the lien the following statement in at least 12-point bold font: “This claim of lien expires and is void 395 days from the date of the filing of the claim of lien if no Notice of Commencement of Lien Action is filed in that time period.” (emphasis added). O.C.G.A. § 44-14-367.  The failure to include this language in the claim of lien shall invalidate the lien and prevent it from being filed. Id. By now, most… Read more

May 30, 2014

Georgia Power to Construct Solar Projects at U.S. Army Bases in Georgia

The largest U.S. utility company, Georgia Power, which is owned by the Southern Company, will build three, 30-megawatt solar projects at U.S. army military bases located in Georgia. It is anticipated that the projects, which are scheduled to be completed by the end of 2016 will be constructed at Fort Benning near Columbus, Fort Gordon near Augusta, and Fort Stewart near Savannah. The projects are a part of the company’s plan to have almost 900 megawatts of solar power by 2016 being generated by 500 new projects. For more information on Georgia Power Solar Projects, please contact Steve O’Day.

Apr 17, 2014

Effective Immediately: Brand New Mississippi Lien Laws

In an earlier blog post, we discussed a Fifth Circuit Court of Appeals opinion, Noatex Corp. v. King Constr. of Houston, LLC, 732 F.3d 479 (5th Cir. 2013), which found Mississippi’s Stop Notice Statute unconstitutional. The ruling was particularly harsh because Mississippi did not allow subs and suppliers the right to record a lien. After the ruling, the only apparent recourse for subs and suppliers that had not been paid for work completed was to sue those with whom they had a contract for breach of contract. We questioned how the Fifth Circuit’s ruling would affect Mississippi’s lien laws. Now… Read more

Mar 4, 2014

Georgia Governor Deal Praises Supreme Court’s Decision in the Georgia/Florida Water Wars

Georgia Governor Nathan Deal applauds the U.S. Supreme Court’s decision today to seek input from the U.S. Solicitor General Donald Verrilli before allowing Florida to move forward with its water-related lawsuit against Georgia. “Florida’s previous unsuccessful lawsuits cost both states millions of dollars and obstructed meaningful natural resource planning for more than 20 years,” Deal said. “After more than two decades, we are finally on the verge of having the U.S. Army Corps of Engineers formally update water control manuals, which will inform how best to operate the federal reservoirs to the benefit of upstream and downstream communities alike. Florida… Read more

Sep 18, 2013

Can You Arbitrate Where You Want To?

Authored by: Darren Rowles A forum selection clause is a contractual provision designating a certain state or court as the jurisdiction in which the parties will resolve disputes arising out of their contract.  These clauses are very common in the construction industry.  Just as common are agreements to arbitrate disputes arising out of the contract, which may also select where the dispute will be heard.  If, for example, a Georgia company enters into contracts to perform work outside of the state, it might still want its contract to include a provision indicating that all disputes relating to the contract are… Read more

Aug 15, 2013

A Sustainable Water Supply Can Change the Course of the Water War

Recent headlines* indicate that the simmering Water War between Georgia and Florida is heating up again.  Florida threatens to sue Georgia in the U.S. Supreme Court, blaming the collapse of the Apalachicola Bay oyster fishery on what it considers to be metro Atlanta’s insatiable thirst, and the resulting decrease in fresh water flow down the Chattahoochee River to the Apalachicola River and into Apalachicola Bay. Georgia asserts the right to use water that falls on Georgia and flows through Georgia, and insists that the several million people in metro Atlanta should count more than endangered mussels along the Apalachicola River… Read more

Nov 29, 2012

Georgia Appellate Developments Blog Launches

Today, we launch a new blog, Georgia Appellate Developments.  Our aim is to provide a weekly update of new decisions issued in the United States Supreme Court, United States Court of Appeals for the Eleventh Circuit, the Georgia Supreme Court and the Georgia Court of Appeals.  The focus will be on decisions that may be of significance to Georgia businesses and practitioners or those wrestling with issues of Georgia law.  The blog will also address developments in appellate procedure in those courts that may impact Georgia practitioners.  On November 5, 2012, the Georgia Supreme Court issued a decision in A… Read more

Jun 25, 2012

Georgia’s New Storm Water Permit

The Environmental Protection Division of the Georgia Department of Natural Resources must reissue National Pollutant Discharge Elimination System (NPDES) permits every five years.  The previous general permit for industrial storm water discharges was issued in 2006 and expired in 2011.  Facilities covered by the 2006 permit must file an application for a notice of intent by June 30 if they wish to continue to be covered by the 2012 general permit.  This permit applies to industrial and industrial-like facilities, including manufacturing, transportation & logistics, waste treatment and disposal, airports, and water transportation facilities.  It divides industrial activities into different sectors,… Read more

Sep 7, 2010

Georgia losing out on renewable energy

Posted by Jessica Lee Reece ( The Reznick Group’s Wes Hudson, co-managing principal of the Atlanta office, recently authored an excellent article discussing how Georgia needs to up the ante in the renewable energy game, given that “in an economy with record unemployment, Georgia has turned down billions of dollars in federal grants intended to stimulate investment in renewable energy in the past 12 months.” An excerpt from Mr. Hudson’s article: It was recently reported in the Atlanta Journal-Constitution ( ) that “Georgia Power is doubling the amount of solar energy it will buy from independent producers.” Unfortunately, doubling a ludicrously low number… Read more