Colonial Properties Realty v. Lowder Constr. Co

In Colonial Properties Realty v. Lowder Constr. Co., 256 Ga. App. 106 (567 SE2d 389) (2002) a construction contract required the owner to maintain property insurance during the project and contained a clause whereby the owner and contractor waived all rights against each other for damages caused by fire or other perils to the extent covered by property insurance, but it did not require the owner to maintain property insurance after completion of the project. Id. at 107. To the extent the owner obtained insurance for that purpose, he waived all subrogation rights for damages attributable to fire or other perils covered by the separate insurance. Id. at 108-109 (2).