Department of Transportation v. Hardaway Co.

Smith, Judge.

The Hardaway Company, the general contractor on a highway construction project for the Georgia Department of Transportation (“DOT”), brought this action seeking damages arising out of its work on the project. A discovery dispute arose concerning the production of documents in the personal possession of a DOT employee. After the employee damaged and discarded the documents, 1 he reconsidered his actions, retrieved the documents, and provided them to DOT’s counsel for production to Hardaway. Two disputes then arose concerning, first, the cost of reconstruction of the damaged…