Desperately Seeking Certainty: Considerations for Office Landlords and Tenants

When it comes to business, much time and money is devoted to limiting uncertainty, and this may be especially true in the real estate business.  Justice Oliver Wendell Holmes said, “The longing for certainty … is in every human mind.  But certainty is generally illusion.”  And so it was for office owners and tenants as the impact of COVID-19 began to take effect in March 2020.  Although the severity of the pandemic seems to be subsiding, it is too early to predict with any degree of accuracy the scope of changes that will emerge in commercial real estate.  The changes… Read more


The Evolution of Marketing and Business Development During – and After – the Pandemic

by: Lee Watts, SGR CMO “The new normal” has become a commonly used term as we think about life and business after the pandemic.  Many industries and companies, and the overall workforce, have been impacted.  And marketers and business leaders are assessing how developing business and executing marketing strategies have also changed. Without a doubt, marketing and business development practices have been redefined by the pandemic.  As a result, many companies have had to pivot their strategies and tactics for communicating with clients and customers, as well as growing their business with prospects.  As we have faced challenges with health… Read more


Tested by COVID: Positive Life Lessons in a Pandemic

“Life is a cruel teacher. She loves to give you the test first and the lesson later.”  –  Daymond John Although my husband, Joey, and I were nearly the same age when we met and married, I was just two years into my career as a lawyer, while he had been a professional chef for over a decade.  It thus came as no surprise when, a year or so later, he got serious about opening his own restaurant as the next step in his career.  Because he knew he needed help on the business side of things, shortly after becoming… Read more

Apr 29, 2021

“We Need More Women and People of Color” SGR helps plan, host roundtable discussion on women in the construction industry

On February 9, 2021, the Construction Law Section of the State Bar of Georgia gathered virtually for a panel discussion on the topic of women in the construction industry. With more than 50 section members in attendance, the second annual Women in Construction roundtable event was a resounding success. This year’s panel was comprised of Nancy Juneau, CEO of Juneau Construction Company; Christine McAnney, general counsel and corporate secretary of Balfour Beatty; Yasmine Murray, general counsel of HJ Russell & Company; and Linda Klein, past president of both the Georgia Bar and the American Bar Association and senior managing shareholder… Read more

May 12, 2021

Ditch Your Old Lien Waiver Forms Owners and contractors in Georgia face new risks under new law

While it is safe to say that most are ready to put 2020 behind us, construction professionals and owners in Georgia must not forget some important recent changes to Georgia’s lien laws. Georgia Governor Brian Kemp recently signed Senate Bill 315 into law, which requires the use of new lien and bond waiver forms starting on January 1, 2021. SB 315 revised Georgia’s lien and bond waiver requirements to address a Georgia Court of Appeals decision holding that the old forms waived breach of contract claims. This decision created great confusion within the construction industry, as most construction professionals previously… Read more

Apr 29, 2021

Considerations for Construction Projects in Latin America and the Caribbean

Construction projects in Latin America and the Caribbean are often lucrative investments for all involved – owners, developers, contractors and other stakeholders in the project. However, there are material differences between working in Latin America and the Caribbean, and working in the United States. When considering undertaking a project in Latin America or the Caribbean, particular attention should be focused on at least a few key issues: differing legal systems, language barriers, labor pools and costs. Differing Legal Systems Many Latin American and the Caribbean nations have legal systems based on a civil law tradition, as opposed to the common… Read more

Apr 29, 2021

Florida: Building for Tomorrow, Today Despite challenges posed by COVID-19, Florida’s home building boom continues

Florida’s construction industry is weathering the COVID-19 pandemic with surprising strength. While Florida’s tourism and hospitality industries have been hard hit, with many projects delayed or canceled, the residential construction industry is showing strength as people continue to flock to Florida. Factors such as the ease of remote working, a good climate for outdoor activities, low mortgage rates, and a favorable cost of living have combined to maintain the demand for new housing in a state that was already experiencing steady population growth. Before the pandemic, residential construction accounted for more than half of all private construction spending in the… Read more

Apr 29, 2021

Delay Claims in the Era of COVID-19: Assessing Subcontractor Responsibility for Construction Delays on New York Projects in the Wake of COVID-19

Delays on construction projects are common given the variables involved. Now, however, a new wave of delay claims looms on the horizon as the fallout from the COVID-19 pandemic unfolds. Site closures, supply chain disruption and workforce unavailability are only a few examples of how the pandemic has and will continue to affect the construction industry, and owners, general contractors and subcontractors are all left asking who will bear the financial brunt of these delays. Between general contractors and subcontractors, the law in New York has been clear for some time – unless the contract specifies otherwise, a general contractor… Read more

Apr 29, 2021

Beyond the Wall: A Contractor’s Right of Recovery for Acts of Government Depends on Public, Private and Contractual Concerns

On January 20, 2021, President Joseph R. Biden, Jr. signed a Proclamation suspending former President Donald J. Trump’s Proclamation of February 15, 2019, declaring a national emergency to secure the southern border of the United States.[1] President Biden’s Proclamation established that “[i]t shall be the policy of my Administration that no more American taxpayer dollars be diverted to construct a border wall.” The Proclamation directed the Secretary of Defense and the Secretary of Homeland Security, in consultation with the Director of the Office of Management and Budget, to: (i) pause work on each construction project on the southern border wall,… Read more

Apr 29, 2021

Love Thy Neighbor? New York City’s Building Code Poses Unique Challenges for Developers

You are a seasoned developer about to break ground on your next great project – an 80-story, 2-million-square-foot tower in Midtown Manhattan. This is the culmination of a process that started five years ago. First, you identified the land and commissioned a zoning study to understand its potential. You raised capital to purchase the land by wrangling investors and lenders. You engaged in lengthy negotiations over a complicated purchase agreement. You hired an architect and entered into contracts with other owners on the block to assemble the air rights necessary to construct a building of the size you desired. As… Read more