O.C.G.A.
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.
This chapter shall be known and may be cited as the ‘‘Georgia Local Government Public Works Construction Law.’’
History
Code 1981, § 36-91-1, enacted by Ga. L. 2001, p. 820, § 12.
Annotations
Cross references. - Contracts for public works, T. 13, C. 10. Editor’s notes. - Ga. L. 2001, p. 820, § 12, effective July 1, 2001, redesignated former Code Section 36-91-1 as present Code Section 36-91-2.
Law reviews. - For article, ‘‘General Overview of Procurement Process,’’ see 10 Ga. St. B. J. 12 (2005). For article, ‘‘Construction Law,’’ see 70 Mercer L. Rev. 51 (2018).
JUDICIAL DECISIONS Mandamus. - Based on the Georgia legislature’s explicitly stated intention in the Georgia Local Government Public Works Construction Law, O.C.G.A. § 36-91-1 et seq., that local laws and ordinances controlled the manner of the city’s execution of and entry into contracts, a contractor was not entitled to a writ of mandamus requiring the city to
execute a contract in the city’s favor, as neither the mayor nor the city council exercised their discretionary authority to approve any award that might or might not have resulted from the competitive sealed proposals process. Duty Free Air & Ship Supply Co./Franklin Wilson Airport Concession, Inc. v. City of Atlanta, 282 Ga. 173, 646 S.E.2d 48 (2007).
Notes of Decisions
Duty Free Air & Ship Supply Co. v. City of Atlanta, 646 S.E.2d 48 (Ga. 2007).
· cites it 8× “Based on the Legislature's explicitly stated intention in the Georgia Local Government Public Works Construction Law, OCGA § 36-91-1 et seq., ("Construction Law") that local laws and ordinances control the manner of the City's execution of and entry into contracts, we find that…”
City of Coll. Park v. Georgia Interlocal Risk Mgmt. Agency, 721 S.E.2d 97 (Ga. Ct. App. 2011).
· cites it 2× “3 See OCGA § 36-91-1 et seq.; see, e.g., OCGA §§ 36-91-90 (setting forth requirement for payment bond or other security acceptable in lieu of a payment bond); 36-91-91 (“If a payment bond or security deposit is not taken in the manner and form required in this article, the…”
City of Coll. Park v. Sekisui SPR Americas, LLC, 771 S.E.2d 101 (Ga. Ct. App. 2015).
· cites it 2× “*407 As part of the Georgia Local Government Public Works Construction Law, OCGA § 36-91-1 et seq., a payment bond or other security in lieu of the bond is required for all public works construction contracts with an estimated contract amount greater than $100,000.”
Jacks v. City of Atlanta, 644 S.E.2d 150 (Ga. Ct. App. 2007).
· cites it 4× “Encoded at OCGA § 36-91-1 et seq., the Georgia Local Government Public Works Construction Law provides for the competitive bidding and adequate bonding of public works proj ects.”
State of Georgia v. Edward Clay (Ga. Ct. App. 2024).
· cites it 4× “it,” the plaintiffs emphasize that, in the bond resolution adopted by the JDA with respect to the Rivian Project, the JDA stated it had found and determined that the Project, being designed by, rented to and used by a private entity for private business purposes, is not a public…”
Hobbs v. Mace (M.D. Ga. 2022).
· cites it 2× “The County Has Waived Sovereign Immunity Two Georgia statutes govern a county’s waiver of sovereign immunity in cases that involve motor vehicle negligence: O.C.G.A. § 36-91-1 et seq. and O.C.G.A. § 33- 24-51.”
City of Coll. Park, Georgia v. Sekisui Spr Americas, LLC (Ga. Ct. App. 2015).
· cites it 2× “As part of the Georgia Local Government Public Works Construction Law, OCGA § 36-91-1 et seq., a payment bond or other security in lieu of the bond is required for all public works construction contracts with an estimated contract amount greater than $100,000.”
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.