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DEPT. OF TRANSP. v. AMERICAN INS. CO.

No. S97A0596.

491 S.E.2d 328 (1997)

268 Ga. 505

DEPARTMENT OF TRANSPORTATION v. AMERICAN Insurance Company., et al.

Supreme Court of Georgia.

Reconsideration Denied October 31, 1997.

Attorney(s) appearing for the Case

Thurbert E. Baker, Atty. Gen., Cathy Ann Cox-Brakefield, Asst. Atty. Gen., Ray O. Lerer, Senior Asst. Atty. Gen., for Georgia Department of Transportation.

Brenda K. Orrison, Porter & Barrett, Robert O. Fleming, Jr., Smith & Fleming, Atlanta, for American Insurance Company.

Robert B. Ansley, Jr., Robert C. Chambers, Philip E. Beck, Smith, Currie & Hancock, LLP, Atlanta, for Amicus Appellee.

James F. Grubiak, Oliver Hunter, Atlanta, for Amicus Appellant.

SEARS, Justice.

The Georgia Department of Transportation ("DOT") appeals from the trial court's entry of summary judgment against it in this dispute concerning under what conditions a bidder on a DOT construction contract is obligated to forfeit its bid proposal guaranty. We find that under the circumstances of this case, both the relevant statutory scheme and basic principles of contract law dictate that the bidder was required to forfeit its bid proposal guaranty...

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