Legal Opinion
Few v. Capitol Materials, Inc.
Supreme Court of Georgia
Decided January 14, 2002No. S01G0498PublishedCited by 18 opinions
1Opinion of the Court
Fletcher, Chief Justice.
We granted the writ of certiorari to consider whether a supplier must sue a contractor before suing the property owner who has discharged the materialman’s lien against his property by filing a bond. Because the release of the lien through the filing of a bond does not create a separate action, we hold that the supplier is still required to commence an action against the contractor under OCGA § 44-14-361.1 before suing the property owner on the bond. Since Capitol neither filed a claim against the contractor nor met any of the exceptions that would relieve it from…
2Cases cited11 opinions
- Roberts v. Porter, Davis, Saunders & ChurchillCourt of Appeals of Georgia · 1989
- Palmer v. Duncan Wholesale, Inc.Supreme Court of Georgia · 1992
- M. Shapiro & Sons, Inc. v. Yates Construction Co.Court of Appeals of Georgia · 1976
- All Phase Electric Supply Company v. Foster & Cooper, Inc.Court of Appeals of Georgia · 1989
- North v. Waffle House, Inc.Court of Appeals of Georgia · 1985
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Roofing Supply of Atlanta, Inc. v. Forrest Homes, Inc.Court of Appeals of Georgia · 2006
- SAKS Associates, LLC v. Southeast Culvert, Inc.Court of Appeals of Georgia · 2006
- General Electric Co. v. North Point Ministries, Inc.Court of Appeals of Georgia · 2008
- Sierra Craft, Inc. v. T. D. Farrell Construction, Inc.Court of Appeals of Georgia · 2006
- Bibler Masonry Contractors, Inc. v. J. T. Turner Construction Co., Inc.Court of Appeals of Georgia · 2017
13 more not listed; retrieve them via the Exa API.