DeKalb County v. Scruggs

Webb, Judge.

This litigation arises out of a construction contract entered into by DeKalb County, as owner, and CFI Construction Company of Georgia and another, as contractor, on AIA Document A101, Standard Form of Agreement Between Owner and Contractor,

"Where the basis of payment is a Stipulated Sum.”

Scruggs, a painting subcontractor, brought suit against CFI, the county, and others, demanding payment of the balance of his subcontract price, whereupon CFI cross claimed against the county for the balance due under the principal contract. At the call of the trial calendar CFI amended its cross…