Balboa Insurance v. Fulton County

Smith, Judge.

We affirm the trial court’s grant of Fulton County’s motion for summary judgment.

On December 4, 1974, Fulton County and Sanson Corporation entered into a contract obligating the latter to construct the Chattahoochee River Park Project for the total consideration of $150,000. A provision of the contract stipulated: "Based upon Applications for Payment submitted to the Architect by the Contractor and Certificates for Payment issued by the Architect, the Owner shall make progress payments on account of the Contract Sum to the Contractor as provided in the Conditions of the Contract…