Borg-Warner Insurance Finance Corp. v. Executive Park Ventures

I respectfully dissent. Although I fully understand the origin of the majority’s reasoning concerning this subject of much confusion in our courts, I cannot agree with its conclusion that OCGA § 13-8-2 (b) applies to the lease in question.

OCGA § 13-8-2 (b) provides in its entirety that “[a] covenant, promise, agreement, or understanding in or in connection with or collateral to a contract or agreement relative to the construction, alteration, repair, or maintenance of a building structure, appurtenances, and appliances, including moving, demolition, and excavating connected therewith,…