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Archive by Month: January 2018
By January 31, 2018 News/Events/Seminars
Partner David Russell Smith and Senior Counsel Randy Bryant won a summary judgment before the Georgia Southern District Federal Court finding no coverage for an insurance company which had issued an auto liability policy to a logger...Read More
By January 25, 2018 Articles
There are many things to consider in your divorce. This makes the process one of the most difficult when it comes to protecting your finances and ensuring that you and your spouse reach a fair agreement.Read More
By David Harris January 23, 2018 Articles
Jack Burch and David Harris recently persuaded both the trial court and the Eleventh Circuit that a surety client was entitled to summary judgment on Georgia’s Little Miller Act one-year statute of limitations. Strickland v. Arch Ins. Co., No. 17-10610, 2018 WL 327443 (11th Cir. Jan. 9, 2018). The statute requires any action to be filed within one year from the date of completion and acceptance of a construction project. See O.C.G.A. § 13-10-65; O.C.G.A. § 36-91-95.
The claimant provided material on a GDOT project that was substantially complete in August 2010, and the punch list was completed by September 2011. The claimant argued his 2014 lawsuit nevertheless was timely because: 1) work was not completed until warranty and maintenance obligations expired, and 2) the clock did not start until there was a formal letter from GDOT accepting the project.
The Court rejected both arguments and held that “completion” and “acceptance” as used in the statute relate to the actual work on the project and do not depend on the expiration of future contractual obligations or on the public owner’s internal policies and procedures.Read More
By January 11, 2018 Articles
Cashing out your retirement isn’t something to consider lightly. Although many people choose to make early withdrawals from their retirement accounts to cover expenses, they can end up paying a lot more than they planned.Read More