Subcontractor not entitled to payment.

- Trial court erred in granting summary judgment to a subcontractor in the subcontractor's breach of contract action against a general contractor and the contractor's surety, arising from the parties' work on a construction project, as the court interpreted the terms of the parties' contract pursuant to O.C.G.A. § 13-2-1 to mean that the general contractor was entitled to withhold final payment to the subcontractor pursuant to O.C.G.A. § 13-11-3 when the suppliers' bills were not paid, and the general contractor was also entitled to offset that final payment by amounts owed to the suppliers, as the risk of loss was on the subcontractor. Foster & Co. Gen. Contrs., Inc. v. House HVAC/Mechanical, Inc., 277 Ga. App. 595, 627 S.E.2d 188 (2006).

Cited in Western Sur. Co. v. DOT, 326 Ga. App. 671, 757 S.E.2d 272 (2014).