O.C.G.A.

O.C.G.A. § 48-13-33 (2019)

Injunction to prevent execution of contract pending compliance with registration and bond requirements; procedure

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)

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.

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Each person failing to register as required by this article or failing to execute the required bond before beginning the performance of any contract shall be denied the right to perform the contract until he complies with registration and bond requirements. The county attorney of any county in which the contract is to be performed, the Attorney General, when requested by the Commissioner of Labor, or the attorney for the commissioner, when requested by the commissioner, may proceed by injunction to prevent any activity in the performance of the contract until the registration is made and the bond is executed and filed. A temporary injunction enjoining the execution of any such contract shall be granted without notice by any judge authorized by law to grant injunctions.

History

Ga. L. 1961, p. 480, § 3; Code 1933, § 91A-6104, enacted by Ga. L. 1978, p. 309, § 2; Ga. L. 1985, p. 708, § 18.

Annotations

Code Commission notes. Pursuant to Code Section 28-9-5, in

1985, “Commissioner of Labor” was substituted for “Commissioner of the Department of Labor” in the second sentence.

Notes of Decisions

Cited in 1 case, 1990–1990 · leading case: Dep't of Transp. v. Moseman Constr. Co., 393 S.E.2d 258 (Ga. 1990).

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Dep't of Transp. v. Moseman Constr. Co., 393 S.E.2d 258 (Ga. 1990). · cites it 6× “” OCGA § 48-13-33. More importantly, a contractor’s failure to comply with the pre-performance registration and bonding requirements of the NCA is subject to the cure provision of OCGA § 48-13-33 which allows a contractor’s work to be enjoined “until the registration is made and…”

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.