Ray, Presiding Judge.In 2013, Fulton County (the “County”) and SOCO Construction Company, Inc. (“SOCO”) executed a written contract for the construction of a cultural center. The contract was approved by the Fulton County Board of Commissioners. As a result of several delays, including those caused by change orders, inclement weather, and the shutdown of the federal government, the scope of the work and time line was altered. SOCO filed the instant complaint against the County for, inter alia, breach of contract and bad faith performance of the contract. SOCO also sought attorney fees and injunctive relief. Soco and the County filed cross-motions for summary judgment on all claims. The trial court granted summary judgment in favor of SOCO and against the County.[1] In the same order, the trial court also denied the County’s motion for reconsideration of its denial of the County’s motion to withdraw admissions.We reverse the trial court’s denial of the County’s motion for summary judgment on the grounds that any claims arising from unwritten change orders are barred under the doctrine of sovereign immunity. Further, we affirm in part and reverse in part the trial court’s order denying the County’s motion for reconsideration of its motion to withdraw admissions. Finally, we vacate and remand the trial court’s ruling on attorney fees.To prevail at summary judgment, the moving party must demonstrate that there is no genuine issue of material fact and that the undisputed facts, viewed in the light most favorable to the nonmoving party, warrant judgment as a matter of law. . . . We conduct a de novo review a trial court’s grant of summary judgment.
(Citations and punctuation omitted.) Bright v. Sandstone Hospitality, LLC, 327 Ga. App. 157, 157-158 (755 SE2d 899) (2014). In May 2013, the County and SOCO executed a written contract for the construction of the Aviation Community Cultural Center near the Fulton County Airport. The contract specified that the work should be completed within 287 days from the County’s issuance of the notice to proceed or the day the work began, whichever came first, with that period to be increased by change order due to changes in the scope of work, or upon the occurrence of other delays or events not the fault of the contractor. Section 00700-87A of the “General Conditions” portion of the contract provides that[a] Change Order is a written order to the Contractor signed to show the approval and authorization of the County, issued after execution of the Contract, authorizing a change in the Work and/or an adjustment in the Contract Sum or the Contract Time. Change Orders shall be written using forms designated by the County with Contractor providing supporting documentation as required by the Construction Manager. The Contract Sum and the Contract Time may be changed only by approved Change Order pursuant to Fulton County Procedure 800-6. . . . A Change Order signed by the Contractor indicates the Contractor’s agreement therewith, including the adjustment in either or both of the Contract Sum or the Contract Time.
