No genuine issue of material fact as to substantial performance.

- Trial court did not err by granting summary judgment to the Georgia Department of Transportation (DOT) as to the sureties' claims for breach of contract and violation of the Georgia Prompt Payment Act, O.C.G.A. § 13-11-1 et seq., because there was no issue of material fact as to whether a contractor's and the sureties' failure to comply with the claim notice provisions of the contract were waived by the DOT. Western Sur. Co. v. DOT, 326 Ga. App. 671, 757 S.E.2d 272 (2014).

Cited in Pipe Solutions, Inc. v. Inglis, 291 Ga. App. 328, 661 S.E.2d 683 (2008); Christie v. Rainmaster Irrigation, Inc., 299 Ga. App. 383, 682 S.E.2d 687 (2009).