Legal Opinion

Tucker Materials (Georgia), Inc. v. Devito Contracting & Supply, Inc.

Court of Appeals of Georgia

Decided June 20, 2000No. A00A0862PublishedCited by 11 opinions

1Opinion of the Court

Phipps, Judge.

Tucker Materials (Georgia), Inc. sued on a payment bond issued by Ulico Casualty Company for Devito Contracting & Supply, Inc. Tucker appeals the grant of summary judgment to Ulico and the denial of summary judgment to itself. Because we find that Tucker’s action was time-barred by a limitation provision in the payment bond, we affirm.

In January 1997, Devito entered a contract with Ramesh Patel to build the Lawrenceville Best Western Hotel. Tucker supplied construction materials for the project to Devito on open account.

To insure performance and payment of laborers, materialmen…

2Cases cited4 opinions

  1. Castellana v. Conyers Toyota, Inc.Court of Appeals of Georgia · 1991
  2. Crooks v. CrimCourt of Appeals of Georgia · 1981
  3. Bold Corporation, Inc. v. National Union Fire InsuranceCourt of Appeals of Georgia · 1995
  4. R. J. Griffin & Co. v. Continental InsuranceCourt of Appeals of Georgia · 1998

3Cited by11 opinions

  1. SAWS AT SEVEN HILLS, LLC v. FORESTAR REALTY, INC.Court of Appeals of Georgia · 2017
  2. George L. Smith II Georgia World Congress Center Authority v. Soft Comdex, Inc.Court of Appeals of Georgia · 2001
  3. Vaughn, Coltrane & Associates v. Van Horn Construction, Inc.Court of Appeals of Georgia · 2002
  4. In Re Estate of SimsCourt of Appeals of Georgia · 2003
  5. Ryder Integrated Logistics, Inc. v. Bellsouth Telecommunications, Inc.Court of Appeals of Georgia · 2006

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