Incorporated Indemnity Language Doesn't Shoehorn Other Contracts Into Bond

By Gregory R. Veal October 19, 2022 Articles

A recent decision from the Northern District of Georgia confirmed important suretyship principles in granting partial summary judgment against an obligee’s attempt to expand the performance bond scope.  IHI E&C Int’l Corp. v. Robinson Mech. Contrs., Inc. and Fidelity & Deposit Co. of Md., 2022 U.S. Dist. LEXIS 180174 (Sept. 30, 2022).  The court carefully examined the terms of the bond, the language of the incorporated subcontract, and the context of the parties’ dealings in ruling that the bond covered only the $24 million installation subcontract, not an additional $40 million in fabrication purchase orders by the same principal on the same project.

Read More

The Worst “Ex” of All: Supreme Court Issues New Rules on Ex-Employees in Business Litigation

By Edward "Ward" Pankowski September 27, 2022 Articles

It’s a business’s worst nightmare: months or years into litigation over an important case, it comes out that attorneys for the other side have found and spoken with ex-employees of the business about information critical to that very case. In May of this year, the Supreme Court of Georgia laid out crucial new information for businesses and other organizations seeking to avoid that danger within the pages of Advisory Opinion No. 20-1.

Read More


By Greg Veal July 7, 2022 News/Events/Seminars

A civil suit is like a regular-season NFL game, according to a panel of the 11th Circuit.  That is, unlike playoff games, the end result can be a tie.  Specifically, where neither party receives substantial relief and the court leaves them where it finds them, there is no “prevailing party.”

Read More