Cagle Construction acknowledged that it had been “ordered by the premises” but denied that it had been late in payment with one of the contracts. The Tribunal found that Cagle had an obligation to repay the guarantee, as the gai compensation obligation was triggered by GDoD`s assertion that Cagle Construction was in default, whether or not Cagle Construction was late or not.  This is a comprehensive review of the guarantee agreement, the first publication of its kind, which provided a description of the provisions of the guarantee agreement and a review of the cases in which these provisions were interpreted. In addition, the book provides practical mentions that help practitioners enforce warranty rights under the compensation agreement. Both the book`s footnotes and the attached bibliographies cite numerous cases and publish documents relating to the development and analysis of warranty rights under the compensation agreement. In addition to updating the law and adding as many cases and articles on the guarantee compensation agreement, this new edition has added a lot of new features, including a whole new chapter that discusses the countless agreements made by the guarantees under the compensation agreement. Cagle did not believe that the guarantee was entitled to reimbursement for at least three reasons. First, Cagle submitted that Cagle Construction had never been late in the GDoD construction contract. Second, Cagle submitted that the amount paid by the guarantee for the completion of the work was not appropriate. Third, Cagle argued that the guarantee had not appealed within one year of a substantial completion necessary to qualify for a public construction obligation under Georgian law.  O.C.G.A. 9-3-23 provides that an instrument signed under the seal has a statute of limitations of twenty (20) years.
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