Georgia Department of Transportation v. Douglas Asphalt Co.

BLACKBURN, Presiding Judge.

In this civil action arising out of an interstate paving project, Douglas Asphalt Company sued the Georgia Department of Transportation (“DOT”) for breach of contract and, during the course of the litigation, successfully moved to exclude evidence pursuant to OCGA § 24-9-67.1. Shortly thereafter, the trial court granted Douglas Asphalt’s motion under OCGA § 9-15-14 to recover attorney fees and expenses, which it had incurred as a result of its motion to exclude. DOT appeals, arguing that the trial court erred in (i) failing to include the statutory and factual base…