Mayor of Savannah v. Batson-Cook Co.

McFadden, Judge.

The City of Savannah appeals the judgment entered in this action arising from the construction of an underground parking garage. The dispute arose out of the discovery of “materially different site conditions,” as defined under the parties’ contract. Raito, Inc., a subcontractor on the project, filed the action against Batson-Cook Company, the firm the city hired to design and build the garage. Batson-Cook then filed a third-party complaint against the city.

The city argues that the trial court erred in denying its motion to recuse the trial court judge, contending that, at a…