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2018 Georgia Code 36-91-1 | Car Wreck Lawyer

TITLE 36 LOCAL GOVERNMENT

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ARTICLE 1 GENERAL PROVISIONS

36-91-1. Short title.

This chapter shall be known and may be cited as the "Georgia Local Government Public Works Construction Law."

(Code 1981, §36-91-1, enacted by Ga. L. 2001, p. 820, § 12.)

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).

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).

Cases Citing O.C.G.A. § 36-91-1

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Duty Free Air & Ship Supply Co. v. City of Atlanta, 646 S.E.2d 48 (Ga. 2007).

Cited 3 times | Published | Supreme Court of Georgia | May 14, 2007 | 282 Ga. 173, 2007 Fulton County D. Rep. 1462

...The trial court denied the writ of mandamus, and this appeal followed. The narrow query now before this Court is simply whether mandamus is an appropriate remedy in this case. 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 DFASS was not entitled to a writ of mandamus requiring the City to execute a contract in its...
...to accomplish remaining formalities. Indeed, the City defended its selection of DFASS for well over a year during the pendency of the appeals process, although this fact is ignored by the majority. The only provision of the Construction Law, OCGA §§ 36-91-1 et seq., other than OCGA § 36-91-20(a), that the majority even mentions is OCGA § 36-91-21(c)(1)(C), which it summarily treats as subordinate to OCGA § 36-91-20(a)....