(See Editor's notes.) Bonds of Successful Bidder

  1. Law
  2. Georgia Code
  3. Highways, Bridges, and Ferries
  4. Department of Transportation
  5. Exercise of Power to Contract Generally
  6. (See Editor's notes.) Bonds of Successful Bidder

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Where the contract price exceeds $100,000.00, no department construction contract shall be valid unless the contractor first gives:

  1. The performance and payment bonds in accordance with Chapter 10 of Title 13; and
  2. Such other bonds or insurance policies required by the department in its proposal forms, including but not limited to public liability and property damage insurance bonds or policies.

(Code 1933, § 95A-811, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2001, p. 4, § 32; Ga. L. 2001, p. 820, § 2; Ga. L. 2007, p. 167, § 2/HB 192.)

Code Commission notes.

- The amendment of this Code section by Ga. L. 2001, p. 4, § 32, irreconcilably conflicted with and was treated as superseded by Ga. L. 2001, p. 820, § 2. See County of Butts v. Strahan, 151 Ga. 417 (1921).

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.

RESEARCH REFERENCES

ALR.

- Failure of public authorities to take contractor's bond as required by law, as rendering them liable to laborers or materialmen, 64 A.L.R. 678.

Validity of statute or ordinance which requires liability or indemnity insurance or bond as condition of license for conducting business or profession, 120 A.L.R. 950.

State or local government's liability to subcontractors, laborers, or materialmen for failure to require general contractor to post bond, 54 A.L.R.5th 649.


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