United States Fidelity & Guaranty Co. v. Rome Concrete Pipe Co.

Benham, Judge.

Appellee Rome Concrete Pipe Company, Inc., supplied construction materials to a general contractor working on seven projects let by the Department of Transportation (DOT). Appellant United States Fidelity & Guaranty Company (USF&G) was the surety named in the payment and performance bonds given pursuant to OCGA § 36-82-101. Alleging that the general contractor had filed a petition in bankruptcy without paying for the materials supplied, appellee filed suit against appellant on June 29, 1984. Appellant sought summary judgment based upon the one-year statute of limitation…