Changes to Georgia’s Lien Waiver Statute

By J. Jackson Harris March 3, 2021 Articles

Dramatic changes to the lien waiver statute, O.C.G.A. § 44-14-366, took effect on January 1, 2021. Lien waivers are ubiquitous in the construction industry, and a failure to comply with the lien statute’s requirements can have severe consequences. Thus, contractors, subcontractors, and their sureties should take note of these statutory changes.

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By Jack Burch and Jackson Harris September 15, 2020 Articles

Georgia and other states have statutes that expressly authorize bad faith penalties against sureties. The threat of such penalties often weighs heavily. But do not assume, simply because a case is pending in Georgia or another state with a bad faith statute, that bad faith penalties are a real threat.

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Litigation in the Age of Social Distancing

By Jack Burch, David Harris, Jackson Harris, and Greg Veal May 12, 2020 Articles

Perhaps one of the most commonly known legal maxims is that “justice delayed is justice denied.” In the age of social distancing, civil litigation as we know it must adapt or justice will be denied. In this article we provide some insight on how litigation can continue to be pursued efficiently and expeditiously amid new social distancing guidelines.

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A Look at Occupational Disease and COVID-19

By Rahul Sheth April 15, 2020 Articles

COVID-19 claims have started in other states and in the Federal workers’ compensation system, although we do not know of any in Georgia, yet. Can COVID-19 claims be held compensable under Georgia workers’ compensation law?  

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Potential Surety Coronavirus Defenses

By David A. Harris and J. Jackson Harris March 24, 2020 Articles

The spread of the novel coronavirus known as COVID-19 slammed the markets over the past several weeks, and some industries – in particular, the hospitality industry – have already taken a massive hit. These problems are bound to have an impact on surety claims. Facing supply chain and labor problems, many contractors will find it difficult, if not impossible, to satisfy their contractual obligations.   Any surety faced with a contract default or payment bond claim which may be caused by the coronavirus would do well to review these defenses and consider their application. Read More

Reasonableness of Surety Collateral Demands

By David A. Harris September 30, 2019 Articles

The General Agreement of Indemnity typically includes a collateral demand provision that gives the surety a right to demand collateral security from the indemnitors to protect against future losses. To enforce the provision the surety will seek specific performance, requiring the Court to consider whether the collateral demanded by the surety is reasonable. This was the question before the Court in RLI Insurance Co. v. Pro-Metal Construction, Inc., Case No. 18-cv-2762(AJN), 2019 WL 1368851 (S.D.N.Y. March 26, 2019).

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