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Choate Constr. Co. v. Auto-Owners Ins. Co.

A question remained as to whether a subcontractor and another named company were the same business entity for the purpose of bonds on a subcontract to perform work for the construction of fraternity and sorority housing at the University of Georgia.

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In this suit on payment and performance bonds, general contractor Choate Construction Company “Choate” appeals from the grant of summary judgment in favor of surety Auto-Owners Insurance Company “AOIC”. Choate contends that the trial court erred in finding that, because the bonds named a principal that was a different company than the subcontractor it had hired, it could not collect on the bonds. For the following reasons, we reverse.

“Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law. We review the grant of summary judgment de novo, construing the evidence in favor of the nonmovant.” Citations and punctuation omitted. White v. Ga. Power Co., 265 Ga. App. 664, 664-665 595 SE2d 353 2004. So viewed, the record shows the following facts.

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