F. O. Thacker Contracting Co. v. C. W. Matthews Contracting Co.

Marshall, Presiding Justice.

As the lowest bidder, C. W. Matthews Contracting Company, Inc., and Ballenger Corporation (a joint venture referred to hereinafter as Matthews/Ballenger) was awarded the bid for construction of the fourth runway at the Atlanta-Hartsfield International Airport by the City of Atlanta. The contract between Atlanta and Matthews/Ballenger required a certain percentage of the work to be subcontracted to Minority Business Enterprises (referred to hereinafter as MBEs).

Two of Matthews/Ballenger’s proposed MBEs were rejected by the city’s office of contract compliance, but…