M. Shapiro & Sons, Inc. v. Yates Construction Co.

I concur in Judge Clark’s opinion but do not agree to his premise that the bond served as a substitute for the lien. My view is it is a substitute for the real estate as was expressly stated in United Bonding Ins. Co. v. Good-Wynn Elec. Supply Co., 124 Ga. App. 545 (2) (184 SE2d 508) in which the contractor had executed the bond together with the surety, and in which it was said, "In the case sub judice the general contractor and its surety substituted themselves in place of the realty.” (Emphasis supplied.) This case was cited in Pickett v. Chamblee Const. Co., 124 Ga. App. 769, 774 (8) (186…