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Construction Law, Brian J. Morrissey

Mercer Law Review

During the survey period, the appellate courts of Georgia continued to revisit certain issues that have displayed remarkable persistence in the trial courts.

For example, there were a number of attempts to impose liability directly against lenders on construction projects for the failure to insure that payments were made to contractors in such a way as to avoid the impositions of liens; however, the appellate courts failed to depart from traditional notions that lenders are typically not responsible for such failures.

Of particular significance during this survey period was the outline by the court of appeals of a new doctrine …