Southway Crane & Rigging, Inc. v. Federal Insurance Co.

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 South way’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 and Federal was its surety on a public works contract for the construction of a school in Gwinnett County. Evergreen engaged Dura Art…