Piedmont Arbors Condominium Ass'n v. BPI Construction Co.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• virtually identical provision in condominium declaration prohibited condominium association’s claims .for breach of warranty, fraud, and breach of fiduciary duty
• contract clause did not violate OCGA § 13-8-2(b) where it prohibited homeowners' association from suing construction company for structural defects, but did not preclude individual homeowner from making such claims
• contract clause did not violate OCGA § 13-8-2 (b) where it prohibited homeowners’ association from suing construction company for structural defects, but did not preclude individual homeowner from making such claims
• “any impairment of [the] right [to contract freely] must be specifically expressed or necessarily implied by the legislature in a statutory prohibition and not left to speculation”
• “Absent a public policy interest, contracting parties are free to contract to waive numerous and substantial rights, including the right to seek recourse in the event of a breach by the other party.”

Source: CourtListener parenthetical corpus (CC0).