Posted by H. Lee Pruett
A close majority in the Georgia Supreme Court recently ruled that the “acceptance doctrine” is still viable in this state. In Bragg v. Oxford Constr. Co., Case No. S08G1031 (Ga. S. Ct., Feb. 9, 2009), the Court split 4-3, with the dissent arguing that Georgia should follow the modern trend in numerous other states and reject the doctrine. Under the acceptance doctrine, a contractor is not liable for injury to a third person which results from the defective design of the work when the contractor does not hold itself out as a design expert, performs the work without negligence, and the work is accepted by the owner.