Department of Transportation v. American Insurance

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 stat*506utory scheme and basic principles of contract law dictate that the bidder was required to forfeit its bid proposal guaranty for refusing to execute a contract it had been awarded by DOT. Therefore, we reverse.

The relevant facts are stipulated to by both…