FOUNDERS KITCHEN & BATH, INC. v. ALEXANDER Et Al.

MCFADDEN, Judge.

This is a materialman’s lien case in which the trial court granted a defense motion for summary judgment on the grounds that the parties are in privity of contract and thus the complaint is barred by the 365-day time limit imposed by OCGA § 44-14-361.1 (a) (3). But contrary to the trial court’s finding, there exist genuine issues of material fact as to whether the parties are in privity of contract and whether the time limit provided by OCGA § 44-14-361.1 (a) (3) applies to the complaint in this case. Accordingly, we reverse.

Summary judgment is appropriate when no genuine…