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The City Of Atlantav.Hogan Construction Group, Llc

CourtCourt of Appeals of Georgia
Docket No.A17A0520
DecidedJune 7, 2017
Reporter330 Ga. App. 264
JudgesCourt of Appeals of Georgia
Tags
CivilContract LawContract InterpretationGovernment LawStatutory InterpretationSummary JudgmentReversalRemand
Case Summary

Hogan Construction Group sued the City of Atlanta for breach of a construction contract and violations of the Georgia Prompt Pay Act. The City sought summary judgment, arguing that the Atlanta ordinance governing contract modifications barred Hogan’s contract claim and that the agreement waived the Prompt Pay Act claims. The Georgia Court of Appeals affirmed the denial of summary judgment on the breach-of-contract claim because the record did not establish that the disputed work exceeded the City’s delegated contracting authority. It reversed on the claims for prompt payment and interest, holding that the agreement expressly superseded the statutory payment and interest provisions. The court held that the agreement did not waive a potentially valid claim for attorney fees under the Act, however, and affirmed the denial of summary judgment as to that claim. The judgment was affirmed in part and reversed in part.

Opinion

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