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Call Now: 904-383-7448No action can be instituted on the payment bonds or security deposits after one year from the completion of the contract and the acceptance of the public works construction by the proper public authorities. Every action instituted under this article shall be brought in the name of the claimant, without the governmental entity for which the work was done or was to be done being made a party thereto.
(Code 1981, §36-91-75, enacted by Ga. L. 2000, p. 498, § 1; Code 1981, §36-91-95, as redesignated by Ga. L. 2001, p. 820, § 12.)
- Summary judgment was properly entered for a surety on a subcontractor's breach of an implied contract, bad faith breach of contract, promissory estoppel, and unjust enrichment claims as all of the claims arose from work performed while the surety was acting as surety on the payment bond and from the surety's refusal to pay the subcontractor under the payment bond; thus, O.C.G.A. § 36-91-95 applied and the claims were time barred. Masonry Specialists of Ga., Inc. v. United States Fid. & Guar. Co., 273 Ga. App. 774, 616 S.E.2d 103 (2005).
- Summary judgment was properly entered for a surety on a subcontractor's suit on a payment bond as the surety produced an affidavit stating that the project was completed and dedicated more than one year before the suit was filed; and the subcontractor failed to show that the affiant was not authorized to accept the completed project. Masonry Specialists of Ga., Inc. v. United States Fid. & Guar. Co., 273 Ga. App. 774, 616 S.E.2d 103 (2005).
Cited in Complete Wiring Solutions, LLC v. Astra Group, Inc., 335 Ga. App. 723, 781 S.E.2d 597 (2016).
No results found for Georgia Code 36-91-95.