The Travelers Indemnity Company “Travelers”, as successor in interest to Gulf Insurance Company “Gulf”, brought the instant lawsuit against Cagle’s Construction, LLC “Cagle Construction”, Edgar Lee Cagle, Jr. “Edgar Cagle”, Edgar Lee Cagle, Jr. d/b/a Cagle Properties, and Nancy Elaine Cagle collectively “Cagle”, seeking to recover its payments, losses, fees, and expenses incurred in finishing Cagle Construction’s work as to certain bonded projects under a general agreement of indemnity. On cross-motions for summary judgment, the trial court granted Travelers’ motion and denied that of Cagle. On appeal, Cagle challenges summary judgment for Travelers and against it, arguing that jury questions remain as to i the issues of liability and damages, and ii the expiration of the statute of limitation. Finding no error, we affirm. In reviewing a grant or denial of summary judgment, this Court conducts a de novo review of the evidence. To prevail at summary judgment under OCGA § 9-11-56, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. Citation omitted. Anderson v. United States Fidelity & Guaranty Co., 267 Ga. App. 624 600 SE2d 712 2004. So viewed, the evidence shows that Cagle Construction was the construction contractor as to four projects for the Georgia Department of Defense “GDoD”. Edgar Cagle at all times relevant to this appeal served as Cagle Cagle Construction’s chief manager. Gulf issued construction surety bonds on behalf of Cagle Construction for each of the said projects, guaranteeing that Cagle Construction would complete each project and pay suppliers and subcontractors in the event of its default. Prior to the bonds being issued and Cagle Construction beginning work, Cagle executed a General Agreement of Indemnity “GAI” in favor of Gulf and in partial consideration for Gulf’s issuance of its surety bonds. Paragraph 2 of the GAI provided that Cagle will indemnify and save Gulf harmless from and against every claim, demand, liability, cost, charge, suit, judgment and expense which the Company may pay or incur in consequence of having executed or procured the execution of, such bonds, . . . including fees of attorneys, . . . and the expense . . . in bringing suit to enforce the obligation of any of the Indemnitors under this Agreement. In the event of payment by Gulf, the Cagle agrees to accept the voucher or other evidence of such payment as prima facie evidence of the propriety thereof, and of Cagle’s liability therefor to Gulf. Paragraph 18 further provided that
in the event of any breach, delay or default asserted by GDoD in any said Bonds, or Cagle Construction is suspended or ceased work on any contract or contracts covered by any said Bonds, . . Gulf shall have the right, at its option and in its sole discretion, and is hereby authorized . . . to take possession of any part or all of the work under any contract or contracts covered by any said Bonds, and at the expense of Cagle to complete or arrange for the completion of the same, and Cagle Construction and Cagle shall promptly upon demand pay to the Gulf all losses, and expenses so incurred. Prior to full completion of all four projects, GDoD dismissed Cagle Construction and made demand on Gulf to complete each of the four bonded projects. Subsequent to GDoD’s claims on the bonds, several of Cagle Construction’s suppliers and subcontractors also made demand for payment on Gulf under the terms of the bonds.
