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O.C.G.A. § 13-10-65 — Time for instituting action | Georgia Code
O.C.G.A. § 13-10-65 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 13 CONTRACTS

Section 10. Contracts for Public Works, 13-10-1 through 13-10-91.

ARTICLE 1 GENERAL PROVISIONS

13-10-65. Time for instituting action.

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.

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

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 Co., F.3d (11th Cir. Jan. 9, 2018)(Unpublished).

PART 5 P ROJECT COMPLETION INCENTIVES IN CONTRACTS

Effective date.

- This part became effective May 6, 2013.

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This Georgia Code resource is curated by an Orange Park personal injury and workers' comp lawyer, a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.