History. Ga. L. 1973, p. 825, § 1; Ga. L. 1980, p. 1159, § 1; Ga. L. 1982, p. 3, § 10.
Editor’s notes.
In Houston Gen. Ins. Co. v. Brock Constr. Co., 241 Ga. 460 , 246 S.E.2d 316 (1978), it was held that this chapter, with the exception of this section, was not intended to govern compensated sureties. However, Ga. L. 1981, p. 870, § 1, amends O.C.G.A. § 10-7-1 so as to abolish the distinction between contracts of suretyship and guaranty. Balboa Ins. Co. v. A.J. Kellos Constr. Co., 247 Ga. 393 , 276 S.E.2d 599 (1981). See the Editor’s note to O.C.G.A. § 10-7-1 .
Law reviews.
For article, “A Georgia Practitioner’s Guide to Construction Performance Bond Claims,” see 60 Mercer L. Rev. 509 (2010).
Structure Georgia Code
Article 2 - Relative Rights of Creditor and Surety
§ 10-7-20. Effect of Release of or Compounding With Surety
§ 10-7-21. “Novation” Defined; Effect on Surety’s Liability
§ 10-7-22. Discharge of Surety by Increase of Risk
§ 10-7-24. Refusal to Sue Principal After Notice by Surety as Discharge
§ 10-7-25. Extending Liability
§ 10-7-26. Promise to Pay in Ignorance of Discharge
§ 10-7-27. Provisions of Uniform Commercial Code to Control
§ 10-7-28. Process Sued Out and Judgment Entered Against Surety as Such
§ 10-7-29. Judgment Against Principal and Surety at Same Time
§ 10-7-30. Bad Faith Refusal of Corporate Surety to Perform Suretyship Contract