Colonial Properties Realty Ltd. Partnership v. Lowder Construction Co.

Mikell, Judge.

Plaintiff Colonial Properties Realty Limited Partnership (“Colonial”) appeals the grant of summary judgment to defendant Lowder Construction Company, Inc. (“Lowder”) in this subrogation action. For the reasons that follow, we affirm in part and reverse in part.

The record shows that in May 1996, Colonial hired Lowder to serve as the construction manager/contractor for an apartment complex in Macon. In June 1998, a year after the complex was completed, one of the buildings was extensively damaged by a fire inadvertently started by a resident. Colonial’s insurer, Lexington…