SOUTHWAY CRANE AND RIGGING, INC. v. FEDERAL INS.

No. A08A1411.

669 S.E.2d 482 (2008)

SOUTHWAY CRANE AND RIGGING, INC. v. FEDERAL INSURANCE COMPANY.

Court of Appeals of Georgia.

November 13, 2008.


Attorney(s) appearing for the Case

Scott M. Stevens, Alpharetta, for Appellant.

Garrett E. Miller, James F. Butler, III, Smith, Currie & Hancock, Atlanta, for Appellee.


SMITH, Presiding Judge.

Southway Crane and Rigging, Inc. appeals from the grant of summary judgment to Federal Insurance Company in this action on a public works payment bond. The trial court held that Southway's claim was barred because it failed to comply with the notice requirements of OCGA § 36-91-93(a)(2). Because material issues of fact remain for a jury's consideration, as detailed below, we reverse.

The Evergreen Corporation was the general contractor...

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