No 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 state or the agency or authority of the state for which the work was done or was to be done being made a party thereto.
(Code 1981, §13-10-65, enacted by Ga. L. 2001, p. 820, § 1.)
For application of this statute in 2020, see Executive Orders 06.11.20.01, 06.29.20.02, 07.15.20.01, 07.31.20.02, 08.15.20.01, and 08.31.20.02.
A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2020-executive-orders.
Law reviews.- For article, "Construction Law," see 63 Mercer L. Rev. 107 (2011).
JUDICIAL DECISIONS
Claim untimely.
- Materials supplier's suit on a payment bond for a road improvement project was time-barred because the work was completed and accepted by the Georgia Department of Transportation (GDOT) more than one year before suit was filed; the statute of limitations concerned acceptance of the actual construction work, not GDOT's internal procedure. Strickland v. Arch Ins. Co., 718 Fed. Appx. 927 (11th Cir. 2018)(Unpublished).
PART 5 P
ROJECT COMPLETION INCENTIVES IN CONTRACTS
Effective date.- This part became effective May 6, 2013.