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Judge hears competing summary-judgment arguments in Smith v. S & W Plumbing over OCGA §51-2-5; court will review contracts and issue order
Summary
The court heard oral argument on summary judgment in a property-damage suit involving builder/contractor relationships and whether O.C.G.A. §51-2-5 exceptions apply; the judge said she will review contracts and case law and issue a ruling.
In a contested summary-judgment hearing in Doug Smith v. S & W Plumbing LLC (and related CCOM/Clayton Properties defendants), Clayton County State Court heard extensive argument over whether Georgia Code O.C.G.A. §51‑2‑5 prevents a contractor from shifting liability for subcontractor work to a general contractor.
Erin McGonigal, representing S & W Plumbing and related defendants, argued the master services agreement between the general contractor…
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