Court of Appeals for the Fifth Circuit November 16, 1981, 79-2504 (A. J. Kellos Construction Company v. Balboa Insurance Company)

JAMES C. HILL, Circuit Judge:

The sole issue raised in this appeal is whether notice to sue is timely given pursuant to Ga.Code Ann. § 103-205

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when it is given after a principal has been declared in default of its obligations under a construction contract, but before the amount of damages is known.