Legal Opinion

Capitol Materials, Inc. v. JLB Buckhead, LLC

Court of Appeals of Georgia

Decided June 16, 2016No. A16A0271Published

1Opinion of the Court

Doyle, Chief Judge.

This appeal arises from the trial court’s grant of summary judgment in favor of property owner, JLB Buckhead, LLC. The trial court found that Appellant Capitol Materials, Inc. (“Capitol”), failed to timely file its Notice to Contractor in order to preserve its right to enforce a materialman’s lien against JLB Buckhead’s property and that the tardy filing was not excused by errors contained in JLB Buckhead’s Notice of Commencement. Because the Notice of Commencement did not substantially comply with OCGA § 44-14-361.5 (b), Capitol’s failure to file its Notice to Contractor…

2Cases cited6 opinions

  1. Matjoulis v. Integon General Ins. Corp.Court of Appeals of Georgia · 1997
  2. General Electric Co. v. North Point Ministries, Inc.Court of Appeals of Georgia · 2008
  3. Sierra Craft, Inc. v. T. D. Farrell Construction, Inc.Court of Appeals of Georgia · 2006
  4. Fidelity & Deposit Co. of Maryland v. Lafarge Building Materials, Inc.Court of Appeals of Georgia · 2011
  5. Consolidated Pipe & Supply Co. v. Genoa Construction Services, Inc.Court of Appeals of Georgia · 2006

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