Resurgens Plaza South Associates v. Consolidated Electric Supply, Inc.

I respectfully dissent as I do not agree that the receipts cited by the majority authorized a jury issue as to whether Consolidated delivered goods for the M.D.S. tenant buildout project on December 10, 1990, so as to bring Consolidated’s lien within the three-month window prescribed by OCGA § 44-14-361.1 (a). In my view, the record indicates that the two fixtures delivered on December 10, 1990, were not part of the running account covered by the subcontract between DCG and Summit, but were ordered pursuant to a separate and distinct agreement between Resurgens and DCG. Thus, the last…