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2018 Georgia Code 48-13-33 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 48-13-33 Case Law from Google Scholar Amendments to OCGA 48-13-33

TITLE 48 REVENUE AND TAXATION

Section 13. Specific, Business, and Occupation Taxes, 48-13-1 through 48-13-133.

ARTICLE 2 NONRESIDENT CONTRACTORS

48-13-33. Injunction to prevent execution of contract pending compliance with registration and bond requirements; procedure.

Each person failing to register as required by this article or failing to execute the required bond before beginning the performance of any contract shall be denied the right to perform the contract until he complies with registration and bond requirements. The county attorney of any county in which the contract is to be performed, the Attorney General, when requested by the Commissioner of Labor, or the attorney for the commissioner, when requested by the commissioner, may proceed by injunction to prevent any activity in the performance of the contract until the registration is made and the bond is executed and filed. A temporary injunction enjoining the execution of any such contract shall be granted without notice by any judge authorized by law to grant injunctions.

(Ga. L. 1961, p. 480, § 3; Code 1933, § 91A-6104, enacted by Ga. L. 1978, p. 309, § 2; Ga. L. 1985, p. 708, § 18.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 1985, "Commissioner of Labor" was substituted for "Commissioner of the Department of Labor" in the second sentence.

Cases Citing O.C.G.A. § 48-13-33

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Dep't of Transp. v. Moseman Constr. Co., 393 S.E.2d 258 (Ga. 1990).

Cited 7 times | Published | Supreme Court of Georgia | Jul 12, 1990 | 260 Ga. 369

...nder a contract in the State unless the Attorney General, the Revenue Commissioner, or the county attorney of any county where the work is to be performed "proceed[s] by injunction to prevent any activity in the performance of the contract...." OCGA § 48-13-33. More importantly, a contractor's failure to comply with the pre-performance registration and bonding requirements of the NCA is subject to the cure provision of OCGA § 48-13-33 which allows a contractor's work to be enjoined "until the registration is made and the bond is executed and filed." Id....
...Moreover, the incentive for nonresident contractors to comply with the NCA prior to beginning work in the State is sufficiently present in that the Attorney General, the Revenue Commissioner, or the county attorney may choose to enforce the act through the injunction provision of OCGA § 48-13-33....