As used in this article, the term "state" means the state of Georgia, any agency of the state, and any state authority.
(Code 1981, §13-10-1, enacted by Ga. L. 2001, p. 820, § 1.)
OPINIONS OF THE ATTORNEY GENERAL
Editor's notes.
- In light of the similarity of the statutory provisions, opinions under Ga. L. 1916, p. 94, former Code 1933, § 23-1705 and former O.C.G.A. § 13-10-1, are included in the annotations for this Code section.
Both bonds required by section may be included in same instrument.- Section requires giving of two bonds, a performance bond, and a payment bond, each to be in penal sum of not less than amount of contract for which given, but, those bonds being contracts between same parties and growing out of same transaction, there is no legal reason why both of such bonds should not be included in the same instrument. 1958-59 Op. Att'y Gen. p. 179.
No election permissible between requirements of former Code 1933, §§ 23-1704 and 23-1705. 1977 Op. Att'y Gen. No. U77-15.
RESEARCH REFERENCES
Am. Jur. 2d.
- 17 Am. Jur. 2d, Contractors' Bond, § 21.
C.J.S.- 72 C.J.S. Supp., Public Contracts, § 42 et seq.
ALR.
- Leave of court as prerequisite to action on statutory bond, 2 A.L.R. 563.
Validity of condition in bond of contractor for public work which is beyond requirements of statute or ordinance with respect to claims of third persons, 18 A.L.R. 1227.
Liability of municipal corporations and their licensees for the torts of independent contractors, 25 A.L.R. 426; 52 A.L.R. 1012.
Estoppel to deny validity of municipal bonds issued under an unconstitutional statute, 37 A.L.R. 1310.
Recovery of premiums paid on bond of contractor for public improvement not legally authorized, 42 A.L.R. 307.
Rental of equipment as within contractor's bond, 44 A.L.R. 381.
Contractor's bond as covering clothing, food, or lodging for laborers, 46 A.L.R. 511; 65 A.L.R. 260.
Effect of affirmative provision in public contractor's bond excluding statutory conditions, 47 A.L.R. 502; 89 A.L.R. 457.
Labor and materials furnished to subcontractor as within the coverage of principal contractor's bond for public improvements, 70 A.L.R. 308; 111 A.L.R. 311; 92 A.L.R.2d 1250.
Construction and effect of provision in bond purporting to protect contractee in building contract against release of surety, 77 A.L.R. 229.
Statutory conditions prescribed for public contractor's bond as part of bond which does not in terms include them, 89 A.L.R. 446.
Claims for gasoline and oil as within contractor's bond, 91 A.L.R. 1027.
Liability of public contractor for damages from acts or conditions necessarily incident to work which would otherwise amount to nuisance, 97 A.L.R. 205.
Workmen's compensation insurance premiums as within coverage of contractor's bond, 102 A.L.R. 135; 164 A.L.R. 1468.
Liability of surety on subcontractor's bond to principal contractor for public improvement or to his surety, in respect claims for labor or materials furnished to subcontractor, 117 A.L.R. 662.
Loss of profit of subcontractor, laborer, or materialman as within coverage of contractor's bond, 119 A.L.R. 1281.
Validity of statute or ordinance which requires liability or indemnity insurance or bond as condition of license for conduct of business or profession, 120 A.L.R. 950.
Value of services or material furnished by subcontractor, laborer, or materialman, or price fixed by the contract by which they were employed, as measure of their recovery on bond of principal contractor, or as against amount earned by contractor withheld by contractee or paid into court, 123 A.L.R. 416.
Money loaned or advanced to contractor as within coverage of bond of building or construction contractor, 127 A.L.R. 974; 164 A.L.R. 782.
Contractor's bond as covering insurance premiums other than workmen's compensation insurance, 129 A.L.R. 1087.
Money loaned or advanced to contractor as within coverage for bond of building or construction contractor, 164 A.L.R. 782.
Workmen's compensation insurance premiums as within coverage of contractor's bond, 164 A.L.R. 1468.
False receipts or the like as estopping materialmen or laborers from recovering on public work bond, 39 A.L.R.2d 1104.
Relative rights, as between surety on public work contractor's bond and unpaid laborers or materialmen, in percentage retained by obligee, 61 A.L.R.2d 899.
Surety's liability for obligee's attorney fees under provisions of performance bond of public contractor or subcontractor, 69 A.L.R.2d 1046.
Surety's liability on bid bond for public works, 70 A.L.R.2d 1370.
What constitutes supplying labor and material "in the prosecution of the work" provided for in the primary contract under Miller Act, 79 A.L.R.2d 843.
Protection under bond given under Miller Act [40 USC §§ 270a-270e] of one supplying labor or material to one other than the prime contractor or his immediate subcontractor, 79 A.L.R.2d 855.
Labor or material furnished subcontractor for public work or improvement as within coverage of bond of principal contractor, 92 A.L.R.2d 1250.
Construction of attorneys' fees provision in contractor's bond, 8 A.L.R.3d 1438.
Building contractor's liability, upon bond or other agreement to indemnify owner, for injury or death of third persons resulting from owner's negligence, 27 A.L.R.3d 663.
What constitutes "public work" within statute relating to contractor's bond, 48 A.L.R.4th 1170.