Fidelity & Deposit Co. of Maryland v. Lafarge Building Materials, Inc.
Court of Appeals of Georgia
1Opinion of the Court
Dillard, Judge.
Lafarge Building Materials, Inc. (“Lafarge”) filed this action on a materialman’s lien discharge bond against Talbot Construction, Inc. (“Talbot”) and Fidelity and Deposit Company of Maryland (“Fidelity”) (collectively, “appellants”), seeking to recover payment for building materials that Lafarge supplied to the Lake Shore Mall project (the “Project”). The parties filed cross-motions for summary judgment, and the trial court denied appellants’ motion and granted *822partial summary judgment to Lafarge, holding that Lafarge’s failure to send a Notice to Contractor did not extinguish…
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