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City of College Park v. Sekisui SPR Americas LLC

The subcontractor that worked on a sewer project for the City of College Park did not have a viable claim against the City after the general contractor failed to pay it for work performed on the project.

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Sekisui SPR Americas, LLC, a subcontractor that worked on a sewer project for the City of College Park “the City”, sued the City when the general contractor failed to pay Sekisui for work performed, alleging that the City was liable because it had failed to ensure the contractor obtained a payment bond in violation of OCGA § 36-91-90. In addition to raising a cause of action under OCGA § 36-91-90 et seq., Sekisui also raised claims of quantum merit, unjust enrichment, implied obligation to pay, and sought attorney fees. The parties filed cross-motions for summary judgment, and the trial court granted Sekisui’s motion and denied the City’s motion. The City appeals, contending that the trial court erred in denying its motion to dismiss the case for failure to comply with the ante litem notice requirements for suits against municipalities. The City also contends that the trial court erred in granting summary judgment to Sekisui because the undisputed evidence showed that Sekisui was not entitled to relief for a violation of OCGA § 36-91-90, Sekisui was precluded from pursuing other forms of relief, and questions of fact remained as to damages.1 Since Sekisui does not have a viable claim against the City, we reverse.

“Summary judgment is appropriate when the moving party demonstrates that no genuine issues of material fact remain and that the facts, construed favorably to the nonmoving party, demand judgment as a matter of law. On appeal, we review the trial court’s grant of summary judgment de novo.” Footnote omitted. Vaillant v. City of Atlanta, 267 Ga. App. 294 599 SE2d 261 2004.

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