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KELLY ENERGY SYSTEMS v. BD. OF COMMRS.

A90A0582, A90A0583.

196 Ga. App. 519 (1990)

396 S.E.2d 498

KELLY ENERGY SYSTEMS, INC. v. BOARD OF COMMISSIONERS OF CLARKE COUNTY. BOARD OF COMMISSIONERS OF CLARKE COUNTY v. LOEB.

Court of Appeals of Georgia.

Rehearing Denied July 25, 1990.

Attorney(s) appearing for the Case

Cook, Noell, Tolley & Aldridge, Ernest V. Harris, for Kelly.

Nicholson & McArthur, John Jay McArthur, for Board.

Gershon, Olim, Katz & Loeb, William R. Lester, for Loeb.

COOPER, Judge.

In April 1986, King Roofing Company ("King") entered into a contract with the Clarke County Board of Commissioners to replace the roof on the Clarke County Correctional Institution. It is undisputed that Clarke County did not require King to post a payment bond as required by OCGA § 13-10-1 (b) (2) for all public works contracts. Appellant, Kelly Energy Systems, supplied the roofing materials to King for a price in excess of $16,000. King began...

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