"As part of its claim for breach of contract, [Southern States] had previously asserted that it was the intended beneficiary of the contract between Tampa Tank and CCI, that CCI had promised, in its post-installation report, that the cathodic protection system would last 43-45 years, and that this promise was intended for [Southern States's] benefit." Southern States Chemical, Inc. v. Tampa Tank & Welding, Inc. , 359 Ga. App. 731, 734 n.2, 858 S.E.2d 72 (2021) ("Southern States IV ").
Regardless of whether Plaintiff has a valid claim for breach of a written contract under Georgia law, such a claim “would be subject to the general six-year statute of limitation.” S. States Chem., Inc. v. Tampa Tank & Welding, Inc., 858 S.E.2d 72, 79 (Ga.Ct.App. 2021) (citing O.C.G.A. § 9-3-24). As to this limitation period, Georgia law provides, “All actions upon simple contracts in writing shall be brought within six years after the same become due and payable.” O.C.G.A. § 9-3-24.
Southern States Chem. v. Tampa Tank & Welding , 359 Ga. App. 731, 737 (2), 858 S.E.2d 72 (2021) (citations omitted).