Lance Roofing v. Board of Education, Gwinnett Cty

Full title: LANCE ROOFING COMPANY et al. v. BOARD OF EDUCATION OF GWINNETT COUNTY et…

Court: Court of Appeals of Georgia

Date published: Apr 20, 1976

226 S.E.2d 161 (Ga. Ct. App. 1976)

226 S.E.2d 161

Opinion

50477, 50478.

ARGUED APRIL 7, 1975.

DECIDED APRIL 20, 1976.

Construction contract. Gwinnett Superior Court. Before Judge Pittard.

Stokes, Boyd Shapiro, Thomas J. Wingfield, D. W. Rolader, Robert E. Hicks, Glenn Strother, for appellants.

Webb, Fowler Tanner, Jones Webb, J. L. Edmondson, for appellees.

WEBB, Judge.

1. A board of education is a "public board or body" within the meaning of Code Ann. §§ 23-1705 through 23-1709 and is therefore liable to suit if it fails to comply with the statutory requirements for payment bonds on public work contracts. Lance Roofing Co. v. Bd. of Education, 235 Ga. 590 ( 221 S.E.2d 23), reversing this court's judgment at 134 Ga. App. 800 ( 216 S.E.2d 627).

2. Accordingly the trial court did not err in denying (1) the motion to dismiss for failure to state a claim and, (2) since there are issues for jury resolution, the various motions for summary judgment.

Judgments affirmed. Bell, C. J., and Marshall, J., concur.

ARGUED APRIL 7, 1975 — DECIDED APRIL 20, 1976.