ORDER
BOWEN, District Judge.
The above-captioned case is presently before the Court on the parties' cross motions for summary judgment, or, in the alternative, for partial summary judgment. On review of the pleadings, affidavits and discovery on file, the following facts emerge as uncontested:
Whalley Construction Company, Inc. [Whalley] entered into a general contract with Georgia Infirmary Non-Profit Housing Corporation [Georgia Infirmary] for...
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