September 16, 2008 (11:30 a.m.-2:00 p.m.) Cobb Galleria Centre Topic: "The Value of Sustainability" Sponsorships available for only $375Joint meeting for members of ABC, ACEC, AGC, AIA, ASLA, CMAA, COAA, CREW, DBIA, IIDA, NAWIC, NOMA, SMPS, ULI, USGBC
ABC of Georgia is underway with fundraising and planning efforts to construct our world-class, LEED-certified headquarters, a facility that we, and the construction industry, will be proud of for decades to come. A number of our members have already embarked with us on our journey, contributing either monetarily or via in-kind services...and we truly appreciate their participation. And, since we'd like to think that ALL of us, ABC and its members, will benefit from and enjoy this state-of-the-art resource, we are continuing to ask for your loyal support - please give what you can. Contact Bill Anderson at ABC of Georgia to learn more and to join other members in making this exciting venture a reality.
Thanks to the following companies that have already pledged their support for ABC's new headquarters:
Foundation Patrons - $25,000 Level
Balfour Beatty Construction
Brasfield & Gorrie, LLC
Fortune-Johnson General Contractors
Juneau Construction Company, LLC
The Winter Construction Company
Groundbreaking Patrons - $15,000 Level
Bug Busters, Inc.
Fox Building Company
The Circle Group
Gold Sponsors - $10,000 Level
J.K. Lockwood Construction Company
Noble Investment Group, LLC
Tiede-Zoeller, Inc.
United Forming, Inc.
Silver Sponsors - $5,000 Level
East Coast/Affordable Fire Protection
Foundation Contractors, Inc.
Gwinnett Sprinkler Company, Inc.
Harcon, Inc.
Ivey Mechanical Company, LLC
McCarthy Building Companies, Inc.
Southern Pan Services
Specialty Finishes, Inc.
Zebra Construction Company, Inc.
Bronze Sponsors - $1,000 Level
2000 Concrete, LLC
Action Masonry Construction, LLC
Apparel Manufacturing
Berkel & Company Contractors, Inc.
BKR Metcalf Davis, CPA
Mashburn & Burmester, P.C.
McElroy Specialty Interiors, Inc.
Power Design, Inc.
Precision Concrete Construction
Site Scapes, LLC
Skyline Forming, Inc.
Georgia House Bill 89 was signed by Governor Perdue and therefore is law in Georgia as of July 1, 2008. This bill modified the existing laws regarding a person’s right to obtain a permit and to carry concealed weapons under certain defined circumstances.
ABC legal counsel David Hendrick has thoroughly reviewed this provision of the law, as amended, and is of the opinion that it does not limit or bar a general contractor from imposing reasonable rules or policies barring weapons on a construction project site on which it is contractually charged with the right and obligation to "control access," including in private vehicles in on site parking areas. However, there are a few qualifications, as outlined in the briefing below.
Click here to read the complete legal briefing.
by David Hendrick, Hendrick, Phillips, Salzman & Flatt
I have recently looked at HB 89 in a fair amount of detail, along with some of the commentaries and articles about it and the evolution of amendments during its meandering through the legislature this last session, and it is not abundantly clear what the intent or meaning of this Bill (now statute) is as to application to a construction site. During the debates during the session, this Bill did not attract the attention of the construction industry, since it was assumed by many that the Chamber of Commerce and other business interests were paying close attention. However, most of the attention and publicity centered upon the provisions dealing with the right to carry concealed weapons, if properly permitted, into parks, public buildings historic sites, and other "public gatherings" and not with the meaning of the entirely new provisions dealing with the rights of an owner, employer, or contractor to restrict or control guns in vehicles. Virtually no analysis has been done to my knowledge on these issues.
It does not appear that the provision of the law, as amended, would limit or bar a general contractor from imposing reasonable rules or policies barring weapons on a construction project site, including in private vehicles in on-site parking areas with a few qualifications. [To read further discussion of House Bill 89, and for a detailed analysis of the relevant provisions, click here.]
Bottom line, while it is not as clear as we would prefer in the new statutory language, based upon the right to "control access" to construction project site parking areas, there seems to be no provisions clearly limiting or precluding imposition and application by a general contractor of a restriction or bar against carrying weapons on a private contraction project site. Thus, it would appear that a general contractor in contractual charge of a construction site (and more certainly the owner of the property) has the right to "control access" to the site, including precluding anyone, whether its employees or invitees from bringing weapons onto the site, concealed or not, licensed or not, or in vehicles or not. Finally, even if such imposition of any such reasonable restrictions by a contractor were later determined to be precluded by this statute, the sanctions or liabilities – the “downside” - would likely not be severe and would be offset by the “upside.”
ABC of Georgia recently announced its 2008 safety award recipients. ABC's National STEP and Georgia Chapter safety awards are presented annually to those Georgia contractors that have achieved the lowest rate of on-the-job accidents in the state and who have demonstrated their commitment to safety. Sixty-five awards were presented at the annual Safety Awards Luncheon on May 19. Congratulations to all the winners!
Read the complete news release and list of winners.
Forget What You Knew About Georgia's Lien Law
Changes for March 2009
by David Hendrick, Hendrick, Phillips, Salzman & Flatt
While most people were finally getting comfortable with the ins and outs of the puzzle known as the Georgia Mechanic's and Materialmen's lien law, the Georgia Senate recently created and charged a Lien Law Study Committee to review the lien statute and determine whether there were any areas which should be revised.
Read the complete update.
by Rusty Paul
The Legislature is in hiatus for a few days to allow the Senate to work onits version of the budget. The House passed its version of the budget late last week after the Senate and House reached a compromise on the 2008 Supplemental Budget.
Read Rusty's complete update for news on recent legislation including the state lien law, untility contractor licensing, and tax credits for historic homes and buildings.
Read the full March 24, 2008, report.
Legislative Report Archives
February 20, 2008
January 28, 2008
On Monday, April 17, Governor Sonny Perdue signed into law the Georgia Security and Immigration Compliance Act which targets illegal immigrants and the employers who hire them. The new law will have a significant impact on the employment verification process for Georgia’s utility contractors.
ABC has compiled two new guides to assist its members in navigating the new rules for responding to a “no-match” letter, which is a notice from the Social Security Administration (SSA) or the Department of Homeland Security (DHS) that an employee’s name does not match the Social Security number provided. The new rules are intended to help employers ensure that their employees are legal U.S. citizens and to assist the government in identifying and punishing employers who knowingly hire illegal workers.
The first guide provides a safe-harbor procedures checklist for employers who receive either an “Employer Correction Request” (no-match letter) from SSA or a “Notice of Suspect Documents” letter from DHS’ Immigration and Customs Enforcement agency. The safe-harbor procedures are broken down into three discrete time frames and actions based on the date the letter is initially received: within 30, 90 and 93 days of the receipt of the letter.
Additionally, ABC has compiled a “DHS Safe-Harbor Procedures Questions and Answers Fact Sheet” that explains a contractor’s rights and obligations under the new “no-match” rules. The guide provides a range of information on safe-harbor procedures, including what actions a company should take after receiving a “no-match” letter, the potential penalties for not taking action and where to go for additional information.
by David R. Hendrick, Esq.
Hendrick, Phillis, Salzman & Flatt, P.C.
Construction Counsel to ABC of Georgia
May 30, 2007
In the first half of the current legislative session, the General Assembly enacted several Bills of interest to the construction industry. Indeed some of the Bills will effect significant changes sweeping through virtually all aspects of the construction industry, while others will have a narrower focus and application.
Noteworthy bills signed into law include SB 115, which extends the GC Licensing deadline, and the NPDES erosion control certfication requirement.
SB 115 has been signed and immediately goes into effect. Under this legislation, the new effective date for requiring GC Licensing (and residential licensing) has been extended from January, 2008, to July 1, 2008.
The second noteworthy bill was signed by the governor and immediately became effective on May 14, 2007. Among other things, this bill clarifies the NPDES certification requirements and in effect reduces the level of education required for subcontractors (to a 2-hour awareness seminar, with no exam requirement), as long as there is a duly certified person employed by the prime contractor in charge of the site.
