Bonds of Successful Bidder Generally

  1. Law
  2. Georgia Code
  3. Highways, Bridges, and Ferries
  4. State, County, and Municipal Road Systems
  5. County Road Systems
  6. Exercise by Counties of Power to Contract Generally
  7. Bonds of Successful Bidder Generally

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Notwithstanding any provision of Chapter 91 of Title 36 to the contrary, when the price of a contract let to bid, other than a contract solely for engineering or other kinds of professional services, is $5,000.00 or more, no contract of a county shall be valid unless the contractor first gives:

  1. A performance bond that meets the requirements established in Parts 1 and 3 of Article 3 of Chapter 91 of Title 36 in the amount of the bid, with one good and solvent surety, for the faithful performance of the contract and to indemnify the county for any damages occasioned by a failure to perform the same within the prescribed time;
  2. A payment bond that meets the requirements established in Parts 1 and 4 of Article 3 of Chapter 91 of Title 36; and
  3. Such other bonds required by the county in its advertisement for bids, including but not limited to public liability and property damage insurance bonds.

(Ga. L. 1922, p. 37, § 1b; Code 1933, § 95-1104; Code 1933, § 95A-825, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2000, p. 498, § 11; Ga. L. 2001, p. 820, § 4; Ga. L. 2007, p. 167, § 4/HB 192.)

OPINIONS OF THE ATTORNEY GENERAL

Contract amount.

- Performance bonds are required on all county contracts in the amount of $5,000.00 or more for the construction, reconstruction, or maintenance of public roads. Payment bonds are required on these type of contracts if the contract amount is in excess of $20,000.00. 1988 Op. Att'y Gen. No. U88-32.


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