§ 13-10-63. Pursuit of Action by Person Entitled to Protection of Payment Bond; Liability of Public Entity
Every person entitled to the protection of the payment bond or security deposit required to be given who has not been paid in full for labor or materials furnished in the prosecution of the work referred to in such bond or security deposit before the expiration of a period of 90 days after the day […]
§ 13-10-64. Supplying Copy of Bond or Security Deposit Agreement and Contract; Fees for Certified Copies
The official who has the custody of the bond or security deposit required by this article is authorized and directed to furnish to any person making application therefor a copy of the bond or security deposit agreement and the contract for which it was given, certified by the official who has custody of the bond […]
§ 13-10-65. Time for Instituting Action
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 […]
§ 13-10-66. Acceptance of Electronic Signatures and Seals
Public procurement officers shall accept electronic signatures and electronic corporate seals on bonds issued pursuant to this part so long as such signatures and seals comply with the provisions of Chapter 12 of Title 10 and Code Section 33-24-14. History. Code 1981, § 13-10-66 , enacted by Ga. L. 2021, p. 459, § 1-2/SB 169. […]
§ 13-10-70. Liquidated Damages for Late Completion and Incentives for Early Completion
Public works construction contracts may include both liquidated damages provisions for late construction project completion and incentive provisions for early construction project completion when the project schedule is deemed to have value. The terms of the liquidated damages provisions and the incentive provisions shall be established in advance as a part of the construction contract […]
§ 13-10-80. Definitions; Contract Requirements; Application; Effect of Greater Benefits Contracted For; Evidence of Indebtedness Paid
As used in this Code section, the term: “Contractor” means a person having a direct contract with the owner. “Lower tier subcontractor” means a person other than a contractor having a direct contract with a subcontractor. “Owner” means the state, any county, municipal corporation, authority, board of education, or other public board, public body, department, […]
§ 13-10-81. Authorization and Procedure for Retention of Contractual Payments by State or Political Subdivisions; Procedure for Final Payment
Any department, agency, or instrumentality of the state or any political subdivision of the state is authorized to insert in the specifications of all contracts relating to the installation, extension, improvement, maintenance, or repair of any water or sewer facility a clause providing for the retention of amounts not exceeding 5 percent of the gross […]
§ 13-10-82. Authorization and Procedure for Creation and Maintenance of Escrow Accounts by State or Political Subdivisions
In lieu of the retained amounts provided for in Code Section 13-10-81, any department, agency, or instrumentality of the state or any political subdivision of the state is authorized to insert a clause in the specifications of all contracts provided for in Code Section 13-10-81, providing for an alternate procedure for the maintenance of an […]
§ 13-10-83. Construction of Provisions of Article
Nothing in this article shall be construed or deemed to affect any contract covered by the provisions of Code Sections 32-2-75 through 32-2-77. History. Ga. L. 1975, p. 1045, § 4; Code 1981, § 13-10-22 ; Code 1981, § 13-10-83 , as redesignated by Ga. L. 2001, p. 820, § 1.
§ 13-10-40. Large Public Works Contracts; Requirement for Performance Bond
Except as otherwise provided in Title 32, performance bonds shall be required for all state public works construction contracts with an estimated contract amount greater than $100,000.00; provided, however, that the state may require a performance bond for public works construction contracts that are estimated at $100,000.00 or less. No public works construction contract requiring […]