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L & B CONST. CO. v. RAGAN ENTERPRISES

No. S96G1535.

482 S.E.2d 279 (1997)

267 Ga. 809

L & B CONSTRUCTION CO. v. RAGAN ENTERPRISES, INC.

Supreme Court of Georgia.

Reconsideration Denied April 4, 1997.

Attorney(s) appearing for the Case

John V. Burch, Bovis, Kyle & Burch, Atlanta, for appellee.

Larry S. McReynolds, Scott D. Cahalan, Smith, Howard & Ajax, Atlanta, for defendant.

Jill Anne Pryor, Jane E. Fahey, Bondurant, Mixson & Elmore, Atlanta, amicus curiae.

SEARS, Justice.

We granted certiorari in this case in order (1) to review the judicial construction of a "flow down" clause purported to incorporate a "no-damages-for-delay" provision from a general contract into a subcontract, and (2) to determine whether that "flow down clause" barred a subcontractor's action for delay damages when the subcontract also provided that "only an extension of time" would be accorded the subcontractor in the event of contractor-caused...

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