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

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)

O.C.G.A. 36-91-91 Case Law from Google Scholar Amendments to OCGA 36-91-91

TITLE 36 LOCAL GOVERNMENT

Chapter 91 information not found

ARTICLE 3 BONDS

36-91-91. Liability of contracting party to subcontractors for noncompliance.

If a payment bond or security deposit is not taken in the manner and form required in this article, the corporation or body for which work is done under the contract shall be liable to all subcontractors and to all persons furnishing labor, skill, tools, machinery, or materials to the contractor or subcontractor thereunder for any loss resulting to them from such failure. No agreement, modification, or change in the contract, change in the work covered by the contract, or extension of time for the completion of the contract shall release the sureties of such payment bond.

(Code 1981, §36-91-71, enacted by Ga. L. 2000, p. 498, § 1; Code 1981, §36-91-91, as redesignated by Ga. L. 2001, p. 820, § 12.)

Law reviews.

- For survey article on construction law, see 59 Mercer L. Rev. 55 (2007) and 60 Mercer L. Rev. 59 (2008). For annual survey of construction law, see 67 Mercer L. Rev. 23 (2015). For survey article on local government law, see 67 Mercer L. Rev. 147 (2015).

JUDICIAL DECISIONS

Compliance with payment bond requirements.

- When the general contractor failed to pay the subcontractor for the subcontractor's work on a city project and the surety was insolvent, and the subcontractor sued the general contractor and the city for its work, the trial court properly granted summary judgment in favor of the city because the city complied with the payment bond requirements, and the subcontractor was limited to the exclusive remedy set forth in Georgia's payment bond statutes, O.C.G.A. §§ 36-91-90 and36-91-91. J. Squared Plumbing Company, Inc. v. City of Atlanta, 337 Ga. App. 229, 786 S.E.2d 894 (2016).

Cited in McArthur Elec., Inc. v. Cobb County Sch. Dist., 281 Ga. 773, 642 S.E.2d 830 (2007).

Cases Citing Georgia Code 36-91-91 From Courtlistener.com
Total Results: 1
McArthur Electric, Inc. v. Cobb County School District
Court: Supreme Court of Georgia | Date Filed: 2007-03-26
Citation: 642 S.E.2d 830, 281 Ga. 773
Snippet: loss resulting to them from such failure. OCGA § 36-91-91. Here, the payment bond that was provided by the