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