JOHNSON CONTROLS, INC. v. SAFECO INSURANCE COMPANY

No. S91Q0078.

404 S.E.2d 556 (1991)

261 Ga. 364

JOHNSON CONTROLS, INC. v. SAFECO INSURANCE COMPANY.

Supreme Court of Georgia.

Reconsideration Denied June 27, 1991.


Attorney(s) appearing for the Case

Hendrick, Spanos & Phillips, David R. Hendrick, Victoria S. Tobin, Trotter, Smith & Jacobs, Scott K. Tippett, for appellant.

Bovis, Kyle & Burch, John V. Burch, Matthew D. Williams, for appellee.


OPINION

SMITH, Justice.

The United States Court of Appeals for the Eleventh Circuit in Johnson Controls, Inc. v. Safeco Ins. Co. of America, No. 899-8710 (Decided Oct. 2, 1990), certified the following question to this Court:

In the context of a performance and payment bond in the construction industry, when a creditor has selected an available contractual remedy which contemplates deferral of the time for payment, does [OCGA]...

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