Carson Law Blog

Construction Law and Personal Injury

Carson Law Blog

Do you have employees who work overtime? Better know the FLSA!

Employees for construction companies are not exempt from the service establishment exemption from overtime compensation. The Fair Labor Standards Act (FLSA) 29 U.S.C. 207 requires that employees must be paid time and a half for all hours worked in excess of forty (40) hours in any given work week. Subsection (i) of section 207 provides

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Why is Alternative Dispute Resolution a good idea?

Because it is significantly cheaper than court based litigation. Unless you are dealing with a claim that involves damages in the six figures, the cost of litigation may be more than the value of the claim. On the plaintiff’s side, it doesn’t’ make economic sense to spend more in legal costs than the value of the

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Arbitration as an alternative to litigation and trial

The other tool in the Alternative Dispute Resolution arsenal is Arbitration. Arbitration involves a hearing before a third party (an arbitrator) which can involve, the testimony of witnesses as well as the presentation of documentary and tangible evidence. If the parties cannot reach a settlement and want the opportunity to present their case to a third

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Alternative Dispute Resolution, Alternative to what?

. . . . .Alternative to spending lots of money and relying on a decision mechanism that involves people you’ve never met, who don’t know you and know very little about your case. The traditional mode of case resolution involves litigating your case, discovery, depositions, motions, trial preparation and trial. A very expensive proposition from

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The Right to Repair Act: Part 3 Summary of the law

Contractor’s decision not to repair or pay: If the contractor provides a statement to the claimant that it will not proceed with the work, the claimant may bring legal action without further notice, except as may be otherwise required by applicable law. O.C.G.A. § 8-2-38 (h). Claimant’s reject of Contractor’s offer to repair: The claimant shall

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The Right to Repair Act: Part 2 Summary of the Law

Access for inspection requested by the contractor: If the contractor requests an inspection, the claimant shall provide access to the site within 30 days of receiving the contractor’s request. The contractor shall have reasonable access to inspect and document any alleged construction defects and perform any nondestructive testing required to evaluate the nature and extent of

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The Right to Repair Act: Part 1 Summary of the law

The Resolution of Construction Defects Act, O.C.G.A. § 8-2-35, et seq, otherwise known as the Right to Repair Act, was enacted in 2004 to provide a legal mechanism for homeowners to resolve construction defect claim against contractors. Written notice required by claimant/dwelling owner 90 days before suit: The Right to Repair Act requires that the

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Drafting an effective contract: A road map for the parties….

Drafting an effective contract means 1) drafting an enforceable contract; 2) drafting a contract that is specific as to the work to be completed (scope of work);  3) drafting a contract that sets forth the specific amount of money to be paid, as well as when funds are due based on a certain percentage of

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Liquidated Damages: What are they, how are they used and are they enforceable?

Liquidated damages is a specific sum of money agreed to by the parties to a contract as the amount of damages to be recovered in the event of a breach of the contract. A liquidated provision in a contract will be held enforceable if 1) the injury caused by the breach is difficult or impossible to

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Contractor’s claim against the owner, what are your damages?

Damages recoverable from a breach of contract are those damages which arise naturally and in the usual course of things from the breach of contract. O.C.G.A. § 13-6-2 The damages must be foreseeable by the parties at the time the contract was made as a probably result of the breach. O.C.G.A. § 13-6-2 Generally, a contractor’s measure of

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