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Carly Miller is a litigator representing clients in a variety of industries, with a focus on construction, government contracting and energy. She has experience in construction disputes, in both litigation and arbitration, across the United States and abroad, including Alabama, California, Tennessee, Illinois, Oklahoma, South Carolina, Texas, Arizona, Puerto Rico, Panama, Mexico and Chile. Carly also advises construction clients in contract negotiation and contract administration during the performance of construction contracts.

Posture Away, You May Still Get Your WayThe Sixth Circuit recently reversed a decision from an Ohio federal court related to whether a party waived its arbitration rights through posturing correspondence written prior to the filing of litigation or arbitration. In Borror Property Management, LLC v. Oro Karric North, LLC (No. 2:19-cv-04375), the Sixth Circuit upheld the defendant’s contractual right to arbitration

In Alabama, Not All Debts Are Created EqualAlabama’s materialman’s lien statute (specifically, Ala. Code § 35-11-211) was intended to provide construction lenders priority over materialmen as to debts relating to construction projects, and this intent was recently confirmed by the Alabama Supreme Court (GHB Construction and Development Co., Inc. v. West Alabama Bank and Trust, 2019 WL 1416893 (Ala. 2019)).

A recent Georgia appellate court decision serves as a stark reminder to contractors on government projects that sovereign immunity, though frequently disclaimed in the contract, may limit a contractor’s ability to recover. In Fulton County v. SOCO Contracting Co., the contractor (SOCO) entered into a contract with Fulton County (the “County”) for the construction