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 Sec.
Article 1 General Provisions Sec.
Part 1 Bonds ‘‘State’’ defined. Approval of bond; strengthening of bond. Determining Georgia residency for businesses; preferences; adherence to policies and procedures of State Construction Manual.
Article 2 Retention of Contractual Payments and Creation of Escrow Accounts on Contracts for Installation, Improvement, Maintenance, or Repair of Water or Sewer Facilities Part 2 Bid Bonds Large public works contracts; requirements for bid bonds; withdrawal of bid. Alternatives to bid bond. ‘‘Bid’’ and ‘‘bidder’’ defined; appreciable errors in calculation of bids; withdrawing bids. Affiliated corporations. Maintenance of action on bid bond by obligee. Part 3 Performance Bonds Part 4 Definitions; contract requirements; application; effect of greater benefits contracted for; evidence of indebtedness paid. Authorization and procedure for retention of contractual payments by state or political subdivisions; procedure for final payment. Authorization and procedure for creation and maintenance of escrow accounts by state or political subdivisions. Construction of provisions of article. Article 3 Security and Immigration Compliance Payment Bonds Large public works contracts; requirement for performance bond. Alternatives to performance bond. Maintenance of action on performance bond by obligee.
Liability of contracting entity for failure to comply with article. Notice of commencement. Pursuit of action by person entitled to protection of payment bond; liability of public entity. Supplying copy of bond or security deposit agreement and contract; fees for certified copies. Time for instituting action.
Large public works contracts; requirement for payment bonds.
Definitions. 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 ALR4th 587.
Authority of state, municipality, or other governmental entity to accept late bids for public works contracts, 49 ALR5th 747.
ARTICLE 1 GENERAL PROVISIONS 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).