Publication Date


Document Type

Survey Article


During the survey period, the appellate courts of Georgia continued to revisit certain issues that have displayed remarkable persistence in the trial courts.

For example, there were a number of attempts to impose liability directly against lenders on construction projects for the failure to insure that payments were made to contractors in such a way as to avoid the impositions of liens; however, the appellate courts failed to depart from traditional notions that lenders are typically not responsible for such failures.

Of particular significance during this survey period was the outline by the court of appeals of a new doctrine perhaps imposing obligations upon purchasers of products to look behind claims by sellers and manufacturers concerning the performance characteristics of those products. Indeed, arguably, the court of appeals may have imposed an obligation on at least a certain class of purchasers to duplicate test results employing technical specifications rather than merely relying upon test results performed by the seller or those in privity with it.