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Contracts Keyed to Jimenez
First Baptist Church of Moultrie v. Barber Contracting Co.
Facts
First Baptist Church of Moultrie (First Baptist) (plaintiff) was soliciting bids for a construction project. Each offer must be accompanied by a bid bond adding up to 5% of the bid. Barber Contracting Company (Barber) (defendant) presented an offer for $1,860,000 with a 5% bond of $93,000. First Baptist granted Barber the agreement on May 15, 1986. On May 16, 1986, Barber educated First Baptist that Barber had committed an error in figuring the bid and the cost were $143,120 higher. On May 20, 1986, Barber endeavored to withdraw the bid. On May 29, 1986, First Baptist sent Barber an agreement based on the original bid price and Barber declined to sign it. First Baptist at that point acknowledged the second lowest bidder at a cost of $1,919,272 and sued Barber for the $93,000 bid bond. First Baptist and Barber documented motions for summary judgment and the trial court denied both but certified the issue for immediate appeal.
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