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2018 Georgia Code 32-4-64 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 32-4-64 Case Law from Google Scholar Amendments to OCGA 32-4-64

TITLE 32 HIGHWAYS, BRIDGES, AND FERRIES

Section 4. State, County, and Municipal Road Systems, 32-4-1 through 32-4-123.

ARTICLE 3 COUNTY ROAD SYSTEMS

32-4-64. Required letting of contracts by public bid.

Except as authorized by Code Section 32-4-63, all contracts shall be let by public bid.

(Code 1933, § 95A-820, enacted by Ga. L. 1973, p. 947, § 1.)

JUDICIAL DECISIONS

Editor's notes.

- In light of the similarity of the statutory provisions, decisions under former Ga. L. 1937, p. 912, which was subsequently repealed but was succeeded by provisions in this Code section, are included in the annotations for this Code section.

Public bidding was required.

- Summary judgment pursuant to O.C.G.A. § 9-11-56 was properly granted in the county's action to recover money had and received by the contractor, after the contractor asserted that the contract, which was for road striping and which was not opened for public bidding, was for a specialized service under O.C.G.A. § 32-4-63(5), an exception to the public bidding requirements under O.C.G.A. § 32-4-64; however, O.C.G.A. § 32-1-3(6) expressly defined road striping as a form of road construction and not as a special service. Howard v. Brantley County, 260 Ga. App. 330, 579 S.E.2d 758 (2003).

Petition sufficient against motion to dismiss.

- Petition alleging that the county commissioners had entered into contracts with one of the commissioner's members for the construction of roads in the county without the contracts being in writing and entered on the minutes of the board, and in violation of the contracts between the State Highway Department (now Department of Transportation) and the county, was sufficient as against a general demurrer (now motion to dismiss) to show that the plaintiffs were entitled to some of the substantial relief prayed for. Ferguson v. Randolph County, 211 Ga. 103, 84 S.E.2d 70 (1954) (decided under former Ga. L. 1937, p. 912).

RESEARCH REFERENCES

ALR.

- Contract for personal services as within requirement of submission of bids as condition of public contract, 15 A.L.R.3d 733.

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