DeKalb County v. PMS Construction Co.

Deen, Chief Judge.

On certiorari to the Supreme Court this case was affirmed in part and reversed in part. Our former decision was then vacated in toto. The present opinion is published to conform to the decision of the Supreme Court in 243 Ga. 870 (1979).

1. Divisions 2, 3, and 5 of our opinion in this case, published in 148 Ga. App. 413 (251 SE2d 334) (1978), are herewith adhered to and republished by reference, as is the statement of facts in that case.

2. DeKalb County is not under the circumstances here entitled to a defense based on sovereign immunity if this defendant has breached a…