Narrative Opinion Summary
The opinion in case 143 Ga. App. 58 has been vacated following its reversal by the Supreme Court in Benning Const. Co. v. Lakeshore Plaza Enterprises, Inc., 240 Ga. 426. The trial court's decision to grant judgment on the pleadings to Benning Construction Company regarding Count 2 of the complaint is affirmed. However, the judgment related to Count 1 is reversed, and the case is remanded to the trial court to determine when Benning was notified of the alleged defects claimed by Lakeshore, which are subject to a one-year guarantee. The statute of limitations as outlined in Code Ann. 3-705 will be applied from the date of notification. The judgment is reversed in part and remanded with specific directions. Judges Webb and Birdsong concur, and Stokes, Shapiro, and Stephen M. Phillips participated as amicus curiae.
Legal Issues Addressed
Application of Statute of Limitationssubscribe to see similar legal issues
Application: The statute of limitations under Code Ann. 3-705 will commence from the date Benning was notified of the defects.
Reasoning: The statute of limitations as outlined in Code Ann. 3-705 will be applied from the date of notification.
Judgment on the Pleadingssubscribe to see similar legal issues
Application: The trial court's decision to grant judgment on the pleadings for Count 2 of the complaint in favor of Benning Construction Company is upheld.
Reasoning: The trial court's decision to grant judgment on the pleadings to Benning Construction Company regarding Count 2 of the complaint is affirmed.
Reversal and Remand for Further Proceedingssubscribe to see similar legal issues
Application: The judgment related to Count 1 is reversed, and the case is sent back to the trial court to determine when Benning was notified of the alleged defects.
Reasoning: However, the judgment related to Count 1 is reversed, and the case is remanded to the trial court to determine when Benning was notified of the alleged defects claimed by Lakeshore, which are subject to a one-year guarantee.