Legal Opinion
Benning Construction Co. v. Dykes Paving & Construction Co.
Supreme Court of Georgia
Decided March 8, 1993No. S92G0980, S92G1050PublishedCited by 9 opinions
1Opinion of the Court
Clarke, Chief Justice.
Appellant Benning Construction Company (Benning) is a general contracting firm which entered into an agreement with Shaheen & Company (Shaheen) to construct an office and warehouse facility. Benning subsequently subcontracted with Scarboro Paving (Scarboro) to perform the paving, curb, and gutter work associated with this project.
Although Benning’s contract with Scarboro specifically prohibited assignment of the contract without Benning’s written consent, Scarboro entered into a contract with Lanier Paving Company (Lanier) to install the asphalt. Benning was unaware of…
2Cases cited5 opinions
- Roberts v. Porter, Davis, Saunders & ChurchillCourt of Appeals of Georgia · 1989
- FRANK WOODS CONSTRUCTION COMPANY, INC. v. RandiCourt of Appeals of Georgia · 1986
- Ben Hill Ready Mix Concrete Co. v. PratherCourt of Appeals of Georgia · 1981
- Tonn & Blank, Inc. v. D. M. Asphalt, Inc.Court of Appeals of Georgia · 1988
- Benning Constr. Co. v. DYKES PAVING & CONSTRUCTION COMPANY, INC.Court of Appeals of Georgia · 1992
3Cited by9 opinions
- Purser Truck Sales, Inc. v. HortonCourt of Appeals of Georgia · 2005
- Lane Supply, Inc. v. W. H. Ferguson & Sons, Inc.Court of Appeals of Georgia · 2007
- Benning Construction Co. v. Dykes Paving & Construction Co.Court of Appeals of Georgia · 1993
- Danco Financial, Inc. v. Mauldin Body Shop, Inc.Court of Appeals of Georgia · 2009
- EMJ CONSTRUCTION, LLC v. BEACON SALES ACQUISITION, INC.Court of Appeals of Georgia · 2024
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