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Progressive Elec. Servs. Inc. v. Task Force Constr. Inc.

A provision in the contract at issue expressly bound the defendant in his individual capacity.

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Progressive Electrical Services, Inc. “Progressive” and Timmy L. Bush appeal the trial court’s grant of summary judgment and award of attorney fees in an action filed against them by Task Force Construction, Inc. “TFC” asserting claims of breach of contract and indemnification. For the reasons set forth below, we affirm the grant of summary judgment.

We review a grant or denial of summary judgment de novo and construe the evidence in the light most favorable to the nonmovant. Miller v. City Views at Rosa Burney Park GP, LLC, 323 Ga. App. 590, 591 746 SE2d 710 2013. Viewed in that light, the record shows that on or about April 29, 2009, Bush executed a “Subcontract Agreement” with TFC the “Agreement” on behalf of Progressive. Under the Agreement, Progressive was to provide labor, tools, equipment and insurance necessary to furnish and install an electrical package for the project known as the Sudie A. Fulford Community Learning Center in Swainsboro, Georgia the “Project”.

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