First Baptist Church v. Barber Contracting Co.

McMurray, Presiding Judge.

The First Baptist Church of Moultrie, Georgia, invited bids for the construction of a music, education and recreation building. The bids were to be opened on May 15, 1986. They were to be accompanied by a bid bond in the amount of 5 percent of the base bid. The bidding instructions provided, in pertinent part: “Negligence on the part of the bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened.”

Barber Contracting Company (“Barber”) submitted a bid for the project in the amount of $1,860,000. The bid provided, in pertinent…