Johnson Controls, Inc. v. Safeco Insurance

Smith, Presiding Justice.

The United States Court of Appeals for the Eleventh Circuit in *365Johnson Controls, Inc. v. Safeco Ins. Co. of America, No. 899-8710 (Decided Oct. 2, 1990), certified the following question to this Court:

In the context of a performance and payment bond in the construction industry, when a creditor has selected an available contractual remedy which contemplates deferral of the time for payment, does [OCGA] § 10-7-24 (1989) operate to require the creditor to file suit within the section’s three month time period, on pain of discharging the surety, notwithstanding the…