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First Baptist Church of Moultrie v. Barber Contracting Co.

Court of Appeals of Georgia
377 S.E.2d 717 (1989)


Facts

First Baptist Church of Moultrie (First Baptist) (plaintiff) was soliciting bids for a construction project. Each bid had to be accompanied by a bid bond amounting to 5% of the bid. Barber Contracting Company (Barber) (defendant) submitted a bid for $1,860,000 with a 5% bond of $93,000. First Baptist awarded Barber the contract on May 15, 1986. On May 16, 1986, Barber informed First Baptist that Barber had made a mistake in calculating the bid and the cost was actually $143,120 higher. On May 20, 1986, Barber attempted to withdraw the bid. On May 29, 1986, First Baptist mailed Barber a contract based on the original bid price and Barber refused to sign it. First Baptist then accepted the second lowest bidder at a price of $1,919,272 and sued Barber for the $93,000 bid bond. First Baptist and Barber filed motions for summary judgment and the trial court denied both of them, but certified the issue for immediate appeal.  

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