US Lawyer Database

§ 36-91-95. Time Limitation

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 governmental entity for which […]

§ 36-91-41. No Bid Bond Required Under Certain Circumstances

When a governmental entity invites competitive sealed proposals for a public works construction project and the request for proposals for such project states that price or project cost will not be a selection or evaluation factor, no bid bond shall be required unless the governmental entity provides for a bid bond in the request for […]

§ 36-91-100. Definitions

As used in this article, the term: “Affected local government” means any county, municipality, or consolidated government in which water storage facilities of a project are located or proposed to be located, which will receive for local use water or services from such project, or which, under a service delivery agreement entered into pursuant to […]

§ 36-91-42. Acceptance of Electronic Signatures and Corporate 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, § 36-91-42 , enacted by Ga. L. 2021, p. 459, § 3-1/SB 169. […]

§ 36-91-101. Authority to Enter Into Contracts; Costs; Grants or Loans; Eminent Domain

Local governing authorities and local authorities shall be authorized to enter into contracts provided for by this article with private persons, firms, associations, or corporations providing for or delegating the responsibility for procuring all permits, licenses, and permissions from the United States of America or any agency or instrumentality thereof; the State of Georgia, its […]

§ 36-91-50. Projects Requiring Bid Bonds; Revocation of Bids; Surety

Bid bonds shall be required for all public works construction contracts subject to the requirements of this article with estimated bids or proposals over $100,000.00; provided, however, that a governmental entity may require a bid bond for projects with estimated bids or proposals of $100,000.00 or less. In the case of competitive sealed bids, except […]

§ 36-91-51. Cash in Lieu of Bid Bonds; Letters of Credit

In lieu of the bid bond provided for in Code Section 36-91-50, the governmental entity may accept a cashier’s check, certified check, or cash in the amount of not less than 5 percent of the total amount payable by the terms of the contract payable to and for the protection of the governmental entity for […]

§ 36-91-53. Affiliated Corporation Defined; Forfeit of Security by Affiliated Corporation

As used in this Code section, the term: “Affiliated corporation” means, with respect to any corporation, any other corporation related thereto: As a parent corporation; As a subsidiary corporation; As a sister corporation; By common ownership or control; or By control of one corporation by the other. The term “bid” includes proposals. In any case […]

§ 36-91-54. Action on Breach of Bond

The obligee in any bid bond required to be given in accordance with this article shall be entitled to maintain an action thereon at any time upon any breach of such bond; provided, however, that no action may be instituted on the bonds or security deposits after one year from the completion of the contract […]