SECOND DIVISION PHIPPS, P. J., MILLER and MCFADDEN, JJ.

NOTICE: Motions for reconsideration must be physically received in our clerk’s office within ten days of the date of decision to be deemed timely filed. (Court of Appeals Rule 4 (b) and Rule 37 (b), February 21, 2008) http://www.gaappeals.us/rules/

March 13, 2013

In the Court of Appeals of Georgia A10A1850. GREENE COUNTY SCHOOL DISTRICT v. CIRCLE Y CONSTRUCTION, INC. MILLER, Judge.

In Greene County School District v. Circle Y Construction, 291 Ga.111 (728 SE2d 184) (2012), the Supreme Court of Georgia vacated Division 1 of this Court’s opinion in Greene County School District v. Circle Y Construction, 308 Ga. App. 837 (708 SE2d 692) (2011) that construed OCGA § 20-2-506. Therefore, we adopt the opinion of the Supreme Court as our own and vacate that portion of Division 1 of our earlier opinion that construed OCGA § 20-2-506.

Judgment affirmed in part; vacated in part. Phipps, P. J., and McFadden, J., concur.