Georgia Case Reminds Contractors Sovereign Immunity Can Limit Ability to Recover

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Sovereign immunity is the legal doctrine, dating back to the days of the British monarchy, that a sovereign or state cannot commit a legal wrong and is immune from suit: in essence, “the king can do no wrong.” Fulton County v. SOCO Contracting Co., a recent decision by the Georgia state appeals court, reminds contractors on government projects that sovereign immunity, although sometimes disclaimed or waived by contract, may still limit a contractor’s ability to recover.

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