O.C.G.A.
O.C.G.A.

O.C.G.A. § 13-10-65 (2019)

Time for instituting action

✓ O.C.G.A. (archive.org 2024 item): print volumes of 2004-2024, per-volume vintage; older volumes partly replaced by 2019 Release 73 text; no 2025 or 2026 Acts
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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No action can be instituted on the payment bonds or security deposits after one year from the completion of the contract and the acceptance of the public works construction by the proper public authorities. Every action instituted under this article shall be brought in the name of the claimant, without the state or the agency or authority of the state for which the work was done or was to be done being made a party thereto.

History

(Code 1981, § 13-10-65, enacted by Ga. L. 2001, p. 820, § 1.)

Annotations

Law reviews. - For article, "Construction Law," see 63 Mercer L. Rev. 107 (2011).

JUDICIAL DECISIONS

Claim untimely. - Materials supplier's suit on a payment bond for a road improvement project was time-barred because the work was completed and accepted by the Georgia Department of Transportation (GDOT) more than one year before suit was filed; the statute of limitations concerned acceptance of the actual construction work, not GDOT's internal procedure. Strickland v. Arch Ins. Co., F.3d (11th Cir. Jan. 9, 2018)(Unpublished).

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PART 5 PROJECT COMPLETION INCENTIVES IN CONTRACTS

Effective date. - This part became effective May 6, 2013.

Notes of Decisions
Cited in 2 cases, 2010–2018 · leading case: Cagle Constr., LLC v. Travelers Indem. Co., 700 S.E.2d 658 (Ga. Ct. App. 2010).
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Cagle Constr., LLC v. Travelers Indem. Co., 700 S.E.2d 658 (Ga. Ct. App. 2010). · cites it 4× “In August 2006, Travelers, as successor in interest to Gulf, filed this action seeking reimbursement under the terms of the GAL In April 2008, Cagle filed a motion for summary judgment, claiming the “Little Miller Act” one-year statute of limitation (OCGA § 13-10-65) was…”
Devin B. Strickland v. Arch Ins. Co., No. 17-10610 (11th Cir. Jan. 9, 2018). · cites it 2× “” O.C.G.A. § 13-10-65. State law also determines when a diversity action commences for statute of limitations purposes.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.