On July 1, 2018, Georgia’s new distracted driving law will go into effect. The new law is officially called the “Hands-Free Georgia Act” and it includes important new provisions relating to the use of “wireless telecommunications devices”[i] while driving a motor vehicle in Georgia. It was already illegal to text and drive in Georgia, but now it is more difficult to use your cell phone at all, unless you have blue tooth or hands-free calling. The Act, which will be found at O.C.G.A. § 40-6-241, states in pertinent part that: While operating a motor vehicle on any highway of this… Read more
Tag: law
AIA Additions and Deletions Report May Be More Important Than You Think
The parol evidence rule is a substantive common-law rule that prevents a party to an integrated (complete) written contract from presenting extrinsic evidence that contradicts or adds to the written terms of the contract unless one of a handful of narrow exceptions applies. The rule means that one cannot use evidence of prior negotiations to alter the terms of an integrated (complete) written contract. The American Institute of Architect’s (“AIA”) proprietary software requires changes in the form agreement to be shown as redlined or strikethrough text, or as an Additions and Deletions Report appended to the end of the document. For… Read more
Effective Immediately: Brand New Mississippi Lien Laws
In an earlier blog post, we discussed a Fifth Circuit Court of Appeals opinion, Noatex Corp. v. King Constr. of Houston, LLC, 732 F.3d 479 (5th Cir. 2013), which found Mississippi’s Stop Notice Statute unconstitutional. The ruling was particularly harsh because Mississippi did not allow subs and suppliers the right to record a lien. After the ruling, the only apparent recourse for subs and suppliers that had not been paid for work completed was to sue those with whom they had a contract for breach of contract. We questioned how the Fifth Circuit’s ruling would affect Mississippi’s lien laws. Now… Read more