Jefferson Mills, Inc. v. Gregson

Hall, Presiding Judge.

The issue on this appeal is whether, in the light of Code Ann. § 56-408.1, the general release of all claims against the plaintiff, given to his insurer and arising out of his performance on a particular project, bars the defendant from raising failure of performance as a defense to a suit for architectural fees or as the basis of a counterclaim relating to fees. In the absence of a release, of course, this would be a legitimate defense to plaintiff’s action. Collins v. Frazier, 23 Ga. App. 236 (98 SE 188); 5 Am Jur2d 678, Architects, § 16.

Code Ann. § 56-408.1 was…