McMURRAY, Judge.
This case involves a contract for the construction of a roadway and three bridges on U. S. Highway 29 in Gwinnett County, Georgia. The sole legal question before the court is whether or not certain funds being withheld by the Department of Transportation, State of Georgia, is based on a valid and enforceable liquidated damage provision of the contract or a clause which operates as a penalty and is therefore unenforceable.
The contract was...
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