O.C.G.A. § 13-9-7 (2019)
Effect of conflict between provisions of chapter and Uniform Commercial Code
In the event of a conflict between this chapter and Title 11, the "Uniform Commercial Code," the Uniform Commercial Code shall control. - - - - - - - - - - CHAPTER 10 CONTRACTS FOR PUBLIC WORKS Article 1 General Provisions. Part 1 BONDS. 13-10-1. "State" defined. 13-10-2. Approval of bond; strengthening of bond. 13-10-3. Determining Georgia residency for businesses; preferences; adherence to policies and procedures of State Construction Manual; public works construction contracts. 13-10-4. Limitation on disqualification of bidders upon lack of previous experience. Part 2 BID BONDS. 13-10-20. Large public works contracts; requirements for bid bonds; withdrawal of bid. 13-10-21. Alternatives to bid bond. 13-10-22. "Bid" and "bidder" defined; appreciable errors in calculation of bids; withdrawing bids. 13-10-23. Affiliated corporations. 13-10-24. Maintenance of action on bid bond by obligee. Part 3 PERFORMANCE BONDS. 13-10-40. Large public works contracts; requirement for performance bond. 13-10-41. Alternatives to performance bond. 13-10-42. Maintenance of action on performance bond by obligee. Part 4 PAYMENT BONDS. 13-10-60. Large public works contracts; requirement for payment bonds. 13-10-61. Liability of contracting entity for failure to comply with article. 13-10-62. Notice of commencement. 13-10-63. Pursuit of action by person entitled to protection of payment bond; liability of public entity. 13-10-64. Supplying copy of bond or security deposit agreement and contract; fees for certified copies. 13-10-65. Time for instituting action. Part 5 PROJECT COMPLETION INCENTIVES IN CONTRACTS. 13-10-70. Liquidated damages for late completion and incentives for early completion. Article 2 Retention of Contractual Payments and Creation of Escrow Accounts on Con- tracts for Installation, Improvement, Maintenance, or Repair of Water or Sewer Facilities. 13-10-80. Definitions; contract requirements; application; effect of greater benefits contracted for; evidence of indebtedness paid. 13-10-81. Authorization and procedure for retention of contractual payments by state or political subdivisions; procedure for final payment. 13-10-82. Authorization and procedure for creation and maintenance of escrow accounts by state or political subdivisions. 13-10-83. Construction of provisions of article. Article 3 Security and Immigration Compliance. 13-10-90. Definitions. 13-10-91. Verification of new employee eligibility; applicability; rules and regulations.
Annotations
RESEARCH REFERENCES
ALR. - Validity, construction, and effect of requirement under state statute or local ordinance giving local or locally qualified contractors a percentage preference in determining lowest bid, 89 A.L.R.4th 587.
Authority of state, municipality, or other governmental entity to accept late bids for public works contracts, 49 A.L.R.5th 747.
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ARTICLE 1 GENERAL PROVISIONS
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PART 1 BONDS
Editor's notes. - Former Code Sections 13-10-1 and 13-10-2, concerning bid bonds, other securities and periodic progress payments, were repealed by Ga. L. 2001, p. 820, § 1 and were based on Ga. L. 1910, p. 86, § 1; Ga. L. 1916, p. 94, § 1; Code 1933, § 23-1705; Ga. L. 1956, p. 340, § 1; Ga. L. 1975, p. 810, § 1; Ga. L. 1982, p. 686, §§ 1, 2; Ga. L. 1985, p. 1043, § 1; Ga. L. 1988, p. 348, § 1; Ga. L. 1989, p. 278, § 1; Ga. L. 1989, p. 461, § 1; Ga. L. 1989, p. 1794, § 1; Ga. L. 1991, p. 777, § 1; Ga. L. 1992, p. 6, § 13; Ga. L. 1998, p. 1048, § 1; Ga. L. 2000, p. 498, § 6; Ga. L. 2001, p. 4, § 13.
Cross references. - Further provisions regarding bonds for public contractors, § 36-82-100 et seq.
Public works bidding, § 36-91-1 et seq.
Law reviews. - For article surveying important general legal principles of municipal and county government purchasing and contracting in Georgia, see 16 Mercer L. Rev. 371 (1965). For article discussing role of attorney in representing subcontractor and available enforcement mechanisms, see 14 Ga. St. B.J. 104 (1978). For survey article on local government law, see 34 Mercer L. Rev. 225 (1982). For annual survey of local government law, see 43 Mercer L. Rev. 317 (1991). For survey article on construction law, see 44 Mercer L. Rev. 125 (1992). For annual survey article discussing surety, bond, and guarantor issues, see 46 Mercer L. Rev. 117 (1994). For annual survey article discussing developments in construction law, see 51 Mercer L. Rev. 181 (1999).
JUDICIAL DECISIONS
Lien created by operation of law, bond by contract. - The lien is created and imposed by operation of law, while the bond is a matter of contract, albeit a contract required by the statute to be made in order to give validity to another. Sims' Crane Serv., Inc. v. Reliance Ins. Co., 514 F. Supp. 1033 (S.D. Ga. 1981), aff'd, 667 F.2d 30 (11th Cir. 1982).