Sign In
Events
Newsletters
Search

Close

Close Search

Cancel

SEARCH
MY LAW.COMNEW

J. Kinson Cook Inc. v. Weaver

The general contractor and surety on a public works contract were entitled to a directed verdict in plaintiff's materialman's lien suit because plaintiff failed to provide statutory notice to the contractor as required by former O.C.G.A. § 36-82-104.

X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

In this appeal, we must construe the notice provisions of former OCGA § 36-82-104 as they apply to a payment dispute between a general contractor, its surety, and a sub-subcontractor claimant.1 Glen Weaver, d/b/a Glen Weaver Construction Company, brought this action against Rotell & Co., J. Kinson Cook, Inc., and The American Insurance Co., respectively a subcontractor, the general contractor, and the surety on a public works contract for construction of a school. Weaver was engaged by Rotell as a sub-subcontractor to perform earthmoving services at the site. He brought this action seeking payment from Rotell for his services, and payment under the bond from Cook and American.2 During the trial of the case before a jury, Cook and American moved for a directed verdict on the issue of the Notice of Commencement required by OCGA § 36-82-104, the failure of Weaver to provide the Notice to Contractor also required by that Code section, and the alternative ground of recovery asserted by Weaver in quantum meruit. The motion for directed verdict was denied, the jury returned a verdict in favor of Weaver, and Cook and American appeal. Because the trial court should have granted a directed verdict on the basis of Weaver’s failure to provide the statutory Notice to Contractor, and because no claim in quantum meruit is permissible under the facts of this case, we reverse.

1. Former OCGA § 36-82-104 f3 provided in pertinent part:

Trending Stories

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

LEARN MORE

More From ALM

Premium Subscription
With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Team Accounts
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Bundle Subscriptions
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
Go to CLE Center
New York Legal Awards 2024
September 05, 2024
New York, NY

The New York Law Journal honors attorneys and judges who have made a remarkable difference in the legal profession in New York.


Learn More
African Legal Awards 2024
September 06, 2024
Johannesburg

The African Legal Awards recognise exceptional achievement within Africa s legal community during a period of rapid change.


Learn More
Consulting Best Firms to Work For 2024
September 12, 2024
New York, NY

Consulting Magazine identifies the best firms to work for in the consulting profession.


Learn More
Go to Events Go to Webcasts
Marketing Coordinator / Business Development

JOB DESCRIPTION SUMMARY Pulsar Title Insurance Company Inc., a commercial and residential title insurance underwriter based in the Bato...


Apply Now ›
Juvenile Dependency Attorney II/III/IV

RECRUITMENT BONUS Newly hired employees from this recruitment may be eligible to receive bonus payments up to $3,000!* FLEXIBLE SCHEDULE: ...


Apply Now ›
Litigation Counsel - Multiple Offices

Morristown, NJ; New York, NY Description: Fox Rothschild has an opening in multiple offices for a Counsel in our Litigation Department. The ...


Apply Now ›
Go to Lawjobs
Lawyers of Distinction
06/27/2024
The American Lawyer

Professional Announcement


View Announcement ›
SMGQ Law
06/21/2024
Daily Business Review

Full Page Announcement


View Announcement ›
Go to Professional Announcements