Augusta Iron & Steel Works, Inc. v. United States Fidelity & Guaranty Company, and Third Party v. Warren E. Quarles, Sr., Third Party

Augusta Iron & Steel Works, Inc. (“Augusta”) sued United States Fidelity & Guaranty Company (“USF & G”) on a bond which covered a public works construction project being performed for the Georgia Department of Transportation (“DOT”). USF & G raised a statute of limitations defense. The Official Code of Georgia Annotated § 36-82-105 (1982) provides as follows:

No action can be instituted on the bonds required under Code Section 36-82-101 or either of them after one year from the completion of the contract and the acceptance of the public building or public work by the proper public authorities.

A…