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Chapter 1 - General Provisions
§ 13-1-1. Contract Defined — Generally - A contract is an agreement between two or more parties...
§ 13-1-2. Contract Defined — Executed and Executory Contracts - History. Orig. Code 1863, § 2677; Code 1868, § 2673;...
§ 13-1-3. Contract Defined — Contract of Record - A contract of record is one which has been declared...
§ 13-1-4. Contract Defined — Specialty Contract - A specialty is a contract under seal and is considered...
§ 13-1-5. Contract Defined — Simple Contract - History. Orig. Code 1863, §§ 2680, 2681; Code 1868, §§...
§ 13-1-6. Contract Defined — Parol Contracts - Parol contracts shall include only contracts in words as remembered...
§ 13-1-7. Contract Defined — Absolute and Conditional Contracts - History. Orig. Code 1863, § 2683; Code 1868, § 2679;...
§ 13-1-8. Contract Defined — Entire and Severable Contracts - History. Orig. Code 1863, § 2687; Code 1868, § 2683;...
§ 13-1-9. Apportionment of Entire Contracts - In some cases even an entire contract is apportionable, as...
§ 13-1-10. Licenses and Contracts Distinguished - Where, in the exercise of the police power, a license...
§ 13-1-11. Validity and Enforcement of Obligations to Pay Attorney’s Fees Upon Notes or Other Evidence of Indebtedness - History. Ga. L. 1890-91, p. 221, § 1; Civil Code...
§ 13-1-12. Requirement of Proof of Endorsement or Assignment of Bill, Bond, or Note in Action by Endorsee - When an action is brought by an endorsee, an endorsement...
§ 13-1-13. Recovery of Voluntary Payments - Payments of claims made through ignorance of the law or...
§ 13-1-14. Collection of Closing Fees for Contracts for the Advance of Money or the Extension of Credit; Refund of Closing Fees in Certain Instances; Limited Application - History. Code 1981, § 13-1-14 , enacted by Ga. L....
§ 13-1-15. Convenience Fee; When Appropriate - History. Code 1981, § 13-1-15 , enacted by Ga. L....
§ 13-1-16. Additional Contracts Terminable by Service Members; Requirements - History. Code 1981, § 13-1-16 , enacted by Ga. L....
Chapter 2 - Construction
§ 13-2-1. Construction of Contracts by Courts Generally; Findings of Fact by Juries - The construction of a contract is a question of law...
§ 13-2-2. Rules for Interpretation of Contracts Generally - The following rules, among others, shall be used in arriving...
§ 13-2-3. Ascertainment and Enforcement of Intention of Parties Generally - The cardinal rule of construction is to ascertain the intention...
§ 13-2-4. Ascertainment of Intention of Parties Where Meaning Placed on Contract by One Party Known to Other - The intention of the parties may differ among themselves. In...
Chapter 3 - Elements and Formation Generally
Article 1 - General Provisions
§ 13-3-1. Essentials of Contracts Generally - To constitute a valid contract, there must be parties able...
§ 13-3-2. Contract Incomplete Without Assent of Parties to Terms Thereof; Withdrawal of Bid or Proposition by Party - The consent of the parties being essential to a contract,...
§ 13-3-3. When Written Acceptance of Offer Made by Letter Takes Effect; Acceptance of Offer Containing Alternative Propositions - If an offer is made by letter, an acceptance by...
§ 13-3-4. Effect of Conditions Precedent or Subsequent Upon Rights of Parties Under Contracts - Conditions may be precedent or subsequent. A condition precedent must...
§ 13-3-5. Effect of Impossible, Immoral, and Illegal Conditions - Impossible, immoral, and illegal conditions are void and are binding...
Article 2 - Capacity of Parties
§ 13-3-20. Minors — Contracts for Property or Valuable Consideration; Contracts for Necessaries - History. Ga. L. 1858, p. 58, § 1; Code 1863,...
§ 13-3-21. Minors — Contracts Relating to Practice of Profession, Trade, or Business - If a minor, by permission of his parent or guardian...
§ 13-3-22. Minors — Marriage Contracts and Settlements - Marriage contracts and settlements made by persons who are minors...
§ 13-3-23. Minors — Contracts, Promissory Notes, Written Obligation, or Other Evidence, for Loans From Trust Funds for Educational Purposes - Any contract, promissory note, written obligation, or other evidence of...
§ 13-3-24. Insane, Mentally Ill, Intellectually Disabled, or Mentally Incompetent Persons - History. Orig. Code 1863, §§ 2691, 2697; Code 1868, §§...
§ 13-3-25. Intoxicated Persons - A contract made by an intoxicated person is not void,...
Article 3 - Consideration
§ 13-3-40. Necessity for Consideration; Presumption of Consideration - History. Orig. Code 1863, § 2703; Code 1868, § 2697;...
§ 13-3-41. Types of Consideration - Considerations are distinguished into “good” and “valuable.” A good consideration...
§ 13-3-42. Acts Which Constitute Consideration; Effect of Consideration Given or Received by Persons Other Than Promisor or Promisee - History. Orig. Code 1863, §§ 2704, 2708, 2711; Code 1868,...
§ 13-3-43. Effect of Satisfying Requirement of Consideration - If the requirement of consideration is met, there is no...
§ 13-3-44. Effect of Promise Which Is Reasonably Expected to Induce Action or Forbearance by Promisee or Third Person; Requirement as to Proof of Reliance in Cases of Charitable Subscriptions or Marriage Settlements - History. Code 1933, § 20-302.2, enacted by Ga. L. 1981,...
§ 13-3-45. Effect of Partially Valid Consideration; Effect of Illegal Consideration - If the consideration is good in part and void in...
§ 13-3-46. Effect of Inadequacy of Consideration - Mere inadequacy of consideration alone will not void a contract....
§ 13-3-47. Effect of Impossible and Possible but Improbable Consideration - An impossible consideration is insufficient to sustain any promise; however,...
Chapter 4 - Modification, Extinguishment, and Renewal
§ 13-4-1. Alteration of Written Contract — Effect Generally - If a written contract is altered intentionally and in a...
§ 13-4-2. Alteration of Written Contract — Determination of Materiality of Alteration; Determination of Fact of Alteration - The materiality of an alteration is a question of law...
§ 13-4-3. Alteration of Written Contract — Requirement of Preliminary Proof as to Material Alteration - If the contract is not set forth as the basis...
§ 13-4-4. Effect of Mutual Departure From Contract Terms - Where parties, in the course of the execution of a...
§ 13-4-5. Effect of Execution of Second Contract Upon Same Matter; Novation - A simple contract regarding the same matter and based on...
Article 2 - Performance
§ 13-4-20. Requirements as to Performance of Contractual Obligations Generally - Performance, to be effectual, must be accomplished by the party...
§ 13-4-21. Effect of Act of God - If performance of the terms of a contract becomes impossible...
§ 13-4-22. Effect of Refusal of Party to Perform Concurrent Condition Upon Offer of Performance by Other Party - Where the conditions as to performance of a contract are...
§ 13-4-23. Effect of Nonperformance Caused by Conduct of Other Party - If the nonperformance of a party to a contract is...
§ 13-4-24. Requirements for and Effect of Tender Generally - A tender properly made may be equivalent to performance. The...
§ 13-4-25. Tender of Chattels - A valid tender of chattels transfers the title thereto to...
§ 13-4-26. Delivery on Demand; Delivery at Certain Time and Place - If the promise of a party is to deliver on...
Article 3 - Payment
§ 13-4-40. Payment to Creditor or Agent - Payment of money due to a creditor or his agent...
§ 13-4-41. Payment by Mail - Payment by mail shall be made at the risk of...
§ 13-4-42. Appropriation of Payments - When a payment is made by a debtor to a...
§ 13-4-43. Provision Requiring One Party to Reimburse Other for Federal Manufacturer’s Excise Tax; Right of Reimbursing Party Relating to Timing of Payments - History. Code 1981, § 13-4-43 , enacted by Ga. L....
Article 4 - Rescission
§ 13-4-60. Rescission for Fraud - A contract may be rescinded at the instance of the...
§ 13-4-61. Rights of Vendor as to Reclamation of Goods Where Contract Rescinded for Fraud - Except as otherwise provided in Title 11, the “Uniform Commercial...
§ 13-4-62. Rescission for Nonperformance - A party may rescind a contract without the consent of...
Article 5 - Release
§ 13-4-80. Release of Another Bound Jointly or Primarily or Acceptance of Higher Security for Same Debt - A release may result by operation of law. When a...
§ 13-4-81. Covenant Not to Sue; Bond to Indemnify Debtor Against Debt - A covenant never to sue is equivalent to a release...
§ 13-4-82. Intermarriage of Parties - Intermarriage of the parties generally releases a debt created prior...
Article 6 - Accord and Satisfaction
§ 13-4-100. Effect of Executory Accord - An accord may not amount to an extinguishment of the...
§ 13-4-101. Elements and Requirements of Accord and Satisfaction Generally - Accord and satisfaction occurs where the parties to an agreement,...
§ 13-4-102. Benefit to Creditor - An accord and satisfaction must be of some advantage, legal...
§ 13-4-103. Acceptance of Less Than Amount of Debt - History. Orig. Code 1863, § 2822; Code 1868, § 2830;...
§ 13-4-104. Parties Bound by Accord and Satisfaction - An accord and satisfaction is binding upon both parties. History....
Chapter 5 - Defenses
§ 13-5-1. Pleading of Facts Indicating Contract Not Obligatory Generally - Any fact going to show that a contract was not...
§ 13-5-2. Incapacity Generally - A person may plead his own incapacity to contract. History....
§ 13-5-3. Exemption From Contractual Liability of Minor - The exemption of a minor from contractual liability is a...
§ 13-5-4. Mistake of Fact or Law - If the consideration upon which a contract is based was...
§ 13-5-5. Fraud - Fraud renders contracts voidable at the election of the injured...
§ 13-5-6. Duress - Since the free assent of the parties is essential to...
§ 13-5-7. Rescission or Release - A rescission of a contract by consent or a release...
§ 13-5-8. Noncompliance With Condition, Failure of Consideration, or Other Act as Defense - A condition, precedent or subsequent, not complied with, insufficiency or...
§ 13-5-9. Total or Partial Failure of Consideration Generally - If the consideration for a promise, apparently good or valuable,...
§ 13-5-10. Failure to Perform Dependent Covenant - Where covenants are dependent, the failure of performance by the...
§ 13-5-11. Part Performance - In a severable contract or one admitting of apportionment, a...
Article 2 - Statute of Frauds
§ 13-5-30. Agreements Required to Be in Writing - History. 29 Car. II, c. 3, Cobb’s 1851 Digest, p....
§ 13-5-31. Agreements Enforceable Without Writing - The provisions of Code Section 13-5-30 do not extend to...
Chapter 6 - Damages and Costs Generally
§ 13-6-1. Purpose of Damages - Damages are given as compensation for the injury sustained as...
§ 13-6-2. Measure of Damages — Generally - Damages recoverable for a breach of contract are such as...
§ 13-6-3. Measure of Damages — Breach of Bond - History. Orig. Code 1863, § 2882; Code 1868, § 2890;...
§ 13-6-4. Determination of Damages Generally - The question of damages being one for the jury, a...
§ 13-6-5. Duty of Injured Party to Lessen Damages Resulting From Breach - Where by a breach of contract a party is injured,...
§ 13-6-6. Damages and Expenses Recoverable — Nominal Damages - In every case of breach of contract the injured party...
§ 13-6-7. Damages and Expenses Recoverable — Liquidated Damages Generally - If the parties agree in their contract what the damages...
§ 13-6-8. Damages and Expenses Recoverable — Remote or Consequential Damages - Remote or consequential damages are not recoverable unless they can...
§ 13-6-9. Damages and Expenses Recoverable — Expenses Necessary for Compliance With Contract - Any necessary expense which one of two contracting parties incurs...
§ 13-6-10. Damages and Expenses Recoverable — Exemplary Damages - Unless otherwise provided by law, exemplary damages shall never be...
§ 13-6-11. Recovery of Expenses of Litigation Generally - The expenses of litigation generally shall not be allowed as...
§ 13-6-12. Effect of Tender or Deposit in Court Before Trial Upon Recovery of Costs - If the defendant in an action for breach of contract,...
§ 13-6-13. Recovery of Interest Upon Damages - In all cases where an amount ascertained would be the...
§ 13-6-14. Number of Actions for Breach of Contract - If a contract is entire, only one action may be...
§ 13-6-15. Damages for Writing Bad Checks - You are hereby notified that a check or instrument numbered...
Chapter 7 - Setoff and Recoupment
§ 13-7-1. Nature of Setoff Generally - Setoff does not operate as a denial of the plaintiff’s...
§ 13-7-2. Nature of Recoupment Generally - Recoupment is a right of the defendant to have a...
§ 13-7-3. Setoff and Recoupment Distinguished - Recoupment differs from setoff in this respect: Any claim or...
§ 13-7-4. Limitations as to Claims or Demands for Setoff Generally - Setoff must be between the same parties and in their...
§ 13-7-5. Setoff of Demands Between Parties to Suits - Between the parties themselves, any mutual demands existing at the...
§ 13-7-6. Setoff of Claims or Demands Against Beneficiaries of Suits - If the plaintiff sues for the benefit of another person,...
§ 13-7-7. Allowance of Setoff Against Original Payee in Action by Holder or Transferee of Negotiable Instrument Received Under Dishonor - When suit is brought by a holder or transferee on...
§ 13-7-8. Allowance of Setoff of Debt of Testator or Intestate Against Representative of Estate - A debt of a testator or intestate is not a...
§ 13-7-9. Allowance of Setoff of Distributive Share in Estate Against Judgment Against Legatee or Owner of Share - A legatee or owner of a distributive share in an...
§ 13-7-10. Allowance of Setoff of Value of Improvements Against Claim for Mesne Profits - The value of improvements made by one bona fide in...
§ 13-7-11. Allowance of Setoff of Debt Not Due Against Claim of Nonresident or Insolvent Plaintiff - If a plaintiff resides outside this state or is insolvent,...
§ 13-7-12. Grounds for Allowance of Recoupment Generally - Recoupment lies for overpayments by the defendant or for payments...
§ 13-7-13. Actions in Which Recoupment May Be Pleaded; Procedure Where Damages of Defendant Exceed Damages of Plaintiff - Recoupment may be pleaded in all actions ex contractu where...
§ 13-7-14. Effect of Conflict Between This Chapter and Chapter 11 of Title 9 - In the event of a conflict between this chapter and...
Chapter 8 - Illegal and Void Contracts Generally
§ 13-8-1. Contracts to Do Immoral or Illegal Things - A contract to do an immoral or illegal thing is...
§ 13-8-2. Contracts Contravening Public Policy Generally - History. Orig. Code 1863, § 2714; Code 1868, § 2708;...
§ 13-8-3. Gambling Contracts - History. Laws 1764, Cobb’s 1851 Digest, p. 725; Laws 1765,...
§ 13-8-4. Liability of Stakeholder of Money Risked on Wager - A stakeholder of money risked on a wager shall be...
Article 2 - Regulation of Agricultural Equipment Manufacturers, Distributors, and Dealers
§ 13-8-11. Legislative Findings - The General Assembly finds that the distribution of equipment primarily...
§ 13-8-12. Definitions - As used in this article, the term: History. Code 1981,...
§ 13-8-13. Persons Subject to Provisions of Article - Any person who engages directly or indirectly in purposeful contacts...
§ 13-8-14. Unfair Competition; Unfair or Deceptive Acts - Unfair methods of competition and unfair or deceptive acts or...
§ 13-8-15. Unfair Methods of Competition and Unfair or Deceptive Acts or Practices - (8.1) To prevent a dealer from having an investment in...
§ 13-8-15.1. Notice to Competitors Within Market Area - Any manufacturer, distributor, or wholesaler which intends to establish a...
§ 13-8-15.2. Use of Dealership by Manufacturers, Distributors, and Wholesalers - History. Code 1981, § 13-8-15.2 , enacted by Ga. L....
§ 13-8-16. Predelivery and Preparation Obligations; Repair Parts Availability; Return of Surplus Parts Inventory - History. Code 1981, § 13-8-16 , enacted by Ga. L....
§ 13-8-17. Warranty Agreements; Disapproval of Claims Under Warranty Agreements; Special Handling of Claims; Calculation of Compensation to Dealer for Warranty Work; Amounts Owed to a Dealer; Audit of Warranty Claims - History. Code 1981, § 13-8-17 , enacted by Ga. L....
§ 13-8-17.1. Time for Audits of Dealerships - Any audit of a dealer by or on behalf of...
§ 13-8-18. Agreements to Which Article Applies - The provisions of this article shall apply to all written...
§ 13-8-19. Failure to Renew, Termination Of, or Restriction on Transfer of Franchise Without Due Cause - It shall be unlawful for the manufacturer, wholesaler, distributor, or...
§ 13-8-20. Damages Recoverable for Injuries Sustained by Violations; Class Actions; Punitive Damages - History. Code 1981, § 13-8-20 , enacted by Ga. L....
§ 13-8-21. Contracts and Agreements in Violation of Article Deemed Void - Any contract or franchise agreement or part thereof or practice...
§ 13-8-22. Repurchase of Inventory Upon Termination of Franchise; Payment for Inventory Repurchased; Title to Repurchased Inventory; Exempt Inventory Items; Civil Liability for Failure to Repurchase Inventory - History. Code 1981, § 13-8-22 , enacted by Ga. L....
§ 13-8-23. Repurchase of Inventory Upon Death or Incapacity of Dealer or Majority Stockholder of Corporate Dealer - In the event of the death or incapacity of the...
§ 13-8-24. Indemnification of Dealer for Losses Relating to Manufacture, Assembly, Design, or Functions Beyond Control of Dealer - A manufacturer, distributor, or wholesaler, as the case may be,...
§ 13-8-25. Applicability of Article to Existing Contracts Without Expiration Dates and to Contracts Entered or Renewed on or After July 1, 2002 - The provisions of this article shall apply to all contracts...
Article 3 - Regulation of Farm Equipment Manufacturers, Distributors, and Dealers
§ 13-8-31. Legislative Findings - The General Assembly finds that the distribution of farm equipment...
§ 13-8-32. Definitions - As used in this article, the term: History. Code 1981,...
§ 13-8-33. Persons Subject to Provisions of Article - Any person who engages directly or indirectly in purposeful contacts...
§ 13-8-34. Unfair Competition; Unfair or Deceptive Acts - Unfair methods of competition and unfair or deceptive acts or...
§ 13-8-35. Unfair Methods of Competition and Unfair or Deceptive Acts or Practices - History. Code 1981, § 13-8-35 , enacted by Ga. L....
§ 13-8-36. Predelivery and Preparation Obligations; Repair Parts Availability; Return of Surplus Parts Inventory - History. Code 1981, § 13-8-36 , enacted by Ga. L....
§ 13-8-37. Warranty Agreements; Disapproval of Claims Under Warranty Agreements; Special Handling of Claims; Calculation of Compensation to Dealer for Warranty Work - Every manufacturer or factory branch or division shall reimburse its...
§ 13-8-38. Agreements to Which Article Shall Apply - The provisions of this article shall apply to all written...
§ 13-8-39. Failure to Renew, Termination Of, or Restriction on Transfer of Franchise Without Due Cause - It shall be unlawful for the manufacturer or franchisor, without...
§ 13-8-40. Damages Recoverable for Injuries Sustained by Violations of Article; Class Actions; Punitive Damages - History. Code 1981, § 13-8-40 , enacted by Ga. L....
§ 13-8-41. Contracts and Agreements in Violation of Article as Void - Any contract or franchise agreement or part thereof or practice...
§ 13-8-42. Repurchase of Inventory Upon Termination of Franchise; Payment for Inventory Repurchased; Title to Repurchased Inventory; Exempt Inventory Items; Civil Liability for Failure to Repurchase Inventory - History. Code 1981, § 13-8-42 , enacted by Ga. L....
§ 13-8-43. Repurchase of Inventory Upon Death or Incapacity of Dealer or Majority Stockholder of Corporate Dealer - In the event of the death or incapacity of the...
§ 13-8-44. Indemnification of Dealer for Losses Relating to Manufacture, Assembly, Design, or Functions Beyond Control of Dealer - A manufacturer will fully indemnify and hold harmless its wholesaler...
§ 13-8-45. Applicability of Article to Existing Contracts Without Expiration Dates and to Contracts Entered or Renewed After November 1, 1982 - The provisions of this article shall apply to all contracts...
Article 4 - Restrictive Covenants in Contracts
§ 13-8-50. Legislative Findings - The General Assembly finds that reasonable restrictive covenants contained in...
§ 13-8-51. Definitions - As used in this article, the term: provided, however, that...
§ 13-8-52. Application - History. Code 1981, § 13-8-52 , enacted by Ga. L....
§ 13-8-53. Enforcement of Covenants; Writing Requirement; Determining Competitive Status; Effect of Failure to Comply; Time and Geographic Limitations - History. Code 1981, § 13-8-53 , enacted by Ga. L....
§ 13-8-54. Judicial Construction of Covenants - History. Code 1981, § 13-8-54 , enacted by Ga. L....
§ 13-8-55. Requirements of Person Seeking Enforcement of Covenants - The person seeking enforcement of a restrictive covenant shall plead...
§ 13-8-56. Reasonableness Determinations Restricting Competition; Presumptions - In determining the reasonableness of a restrictive covenant that limits...
§ 13-8-57. Reasonableness Determinations Restricting Time; Presumptions - a court shall presume to be reasonable in time any...
§ 13-8-58. Enforcement by Third Parties - History. Code 1981, § 13-8-58 , enacted by Ga. L....
§ 13-8-59. Construction With Federal Provisions - Nothing in this article shall be construed or interpreted to...
Chapter 9 - Contracts for Future Delivery of Cotton, Grain, Etc
§ 13-9-1. Definitions - As used in this chapter, the term: History. Ga. L....
§ 13-9-2. Requirements for Valid and Enforceable Contracts of Sale for Future Delivery of Cotton, Grain, Stocks, and Other Items, Generally; Future Delivery Contracts Where Actual Delivery of Commodities Bought or Sold Not Contemplated Declared Unlaw... - History. Ga. L. 1929, p. 245, § 2; Code 1933,...
§ 13-9-3. Contracts of Sale for Future Delivery of Cotton, Grain, Stocks, or Other Commodities, Absent Bona Fide Intention of Parties as to Delivery, Execution of Contract Upon Floor of Exchange Declared Null and Void; Penalty for Entering Into or As... - History. Ga. L. 1929, p. 245, §§ 3, 6; Code...
§ 13-9-4. Furnishing of Written Statement as to Location, Date, and Other Details of Execution of Contract for Future Delivery of Cotton, Grain, Stocks to Principal for Whom Contract Executed; Effect of Failure to Furnish Statement - Every person shall furnish upon demand, to any principal for...
§ 13-9-5. Organization of Cotton Exchanges, Boards of Trade to Receive and Post Quotations; Adoption of Rules and Regulations; Inspection of Books - There may be organized in any municipality voluntary associations to...
§ 13-9-6. Maintenance or Operation of Bucket Shop - History. Ga. L. 1929, p. 245, §§ 4, 6; Code...
§ 13-9-7. Effect of Conflict Between Provisions of Chapter and Uniform Commercial Code - In the event of a conflict between this chapter and...
Chapter 10 - Contracts for Public Works
Part 1 - Bonds
§ 13-10-1. “State” Defined - As used in this article, the term “state” means the...
§ 13-10-2. Approval of Bond; Strengthening of Bond - the obligee may require the contractor to strengthen any or...
§ 13-10-3. Determining Georgia Residency for Businesses; Preferences; Adherence to Policies and Procedures of State Construction Manual; Public Works Construction Contracts - History. Code 1981, § 13-10-3 , enacted by Ga. L....
§ 13-10-4. Limitation on Disqualification of Bidders Upon Lack of Previous Experience - In awarding contracts based upon sealed competitive bids or sealed...
Part 2 - Bid Bonds
§ 13-10-20. Large Public Works Contracts; Requirements for Bid Bonds; Withdrawal of Bid - History. Code 1981, § 13-10-20 , enacted by Ga. L....
§ 13-10-21. Alternatives to Bid Bond - History. Code 1981, § 13-10-21 , enacted by Ga. L....
§ 13-10-22. “Bid” and “Bidder” Defined; Appreciable Errors in Calculation of Bids; Withdrawing Bids - History. Code 1981, § 13-10-22 , enacted by Ga. L....
§ 13-10-23. Affiliated Corporations - History. Code 1981, § 13-10-23 , enacted by Ga. L....
§ 13-10-24. Maintenance of Action on Bid Bond by Obligee - The obligee in any bid bond required to be given...
Part 3 - Performance Bonds
§ 13-10-40. Large Public Works Contracts; Requirement for Performance Bond - Except as otherwise provided in Title 32, performance bonds shall...
§ 13-10-41. Alternatives to Performance Bond - When the amount of the performance bond required under this...
§ 13-10-42. Maintenance of Action on Performance Bond by Obligee - The obligee in any performance bond required to be given...
§ 13-10-43. Acceptance of Electronic Signatures and Seals - Public procurement officers shall accept electronic signatures and electronic corporate...
Part 4 - Payment Bonds
§ 13-10-60. Large Public Works Contracts; Requirement for Payment Bonds - Except as otherwise provided in Title 32, payment bonds shall...
§ 13-10-61. Liability of Contracting Entity for Failure to Comply With Article - If a payment bond or security deposit is not taken...
§ 13-10-62. Notice of Commencement - History. Code 1981, § 13-10-62 , enacted by Ga. L....
§ 13-10-63. Pursuit of Action by Person Entitled to Protection of Payment Bond; Liability of Public Entity - History. Code 1981, § 13-10-63 , enacted by Ga. L....
§ 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...
§ 13-10-65. Time for Instituting Action - No action can be instituted on the payment bonds or...
§ 13-10-66. Acceptance of Electronic Signatures and Seals - Public procurement officers shall accept electronic signatures and electronic corporate...
Part 5 - Project Completion Incentives in Contracts
§ 13-10-70. Liquidated Damages for Late Completion and Incentives for Early Completion - Public works construction contracts may include both liquidated damages provisions...
Article 2 - Retention of Contractual Payments and Creation of Escrow Accounts on Contracts for Installation, Improvement, Maintenance, or Repair of Water or Sewer Facilities
§ 13-10-80. Definitions; Contract Requirements; Application; Effect of Greater Benefits Contracted For; Evidence of Indebtedness Paid - History. Code 1981, § 13-10-80 , enacted by Ga. L....
§ 13-10-81. Authorization and Procedure for Retention of Contractual Payments by State or Political Subdivisions; Procedure for Final Payment - History. Ga. L. 1975, p. 1045, § 1; Code 1981,...
§ 13-10-82. Authorization and Procedure for Creation and Maintenance of Escrow Accounts by State or Political Subdivisions - History. Ga. L. 1975, p. 1045, §§ 2, 3; Code...
§ 13-10-83. Construction of Provisions of Article - Nothing in this article shall be construed or deemed to...
Article 3 - Security and Immigration Compliance
§ 13-10-90. Definitions - As used in this article, the term: History. Code 1981,...
§ 13-10-91. Verification of New Employee Eligibility; Applicability; Rules and Regulations - An affidavit required by this subsection shall be considered an...
Chapter 11 - Prompt Payment
§ 13-11-1. Short Title - This chapter shall be known and may be cited as...
§ 13-11-2. Definitions - As used in this chapter, the term: History. Code 1981,...
§ 13-11-3. Contractors’ and Subcontractors’ Entitlement to Payment - Performance by a contractor or subcontractor in accordance with the...
§ 13-11-4. Time Limits for Payments to Contractors and Subcontractors - History. Code 1981, § 13-11-4 , enacted by Ga. L....
§ 13-11-5. Grounds for Withholding Payments - History. Code 1981, § 13-11-5 , enacted by Ga. L....
§ 13-11-6. Conditions Authorizing Payments to Subcontractors - The contractor shall, within ten days from the contractor’s receipt...
§ 13-11-7. Interest on Late Payments - History. Code 1981, § 13-11-7 , enacted by Ga. L....
§ 13-11-8. Attorneys’ Fees - In any action to enforce a claim under this chapter,...
§ 13-11-9. Nonexclusive Remedies - Neither the right to recover interest on a payment nor...
§ 13-11-10. Improvements Excepted From Chapter - The provisions of this chapter do not apply to improvements...
§ 13-11-11. Applicability of Chapter - The provisions of this chapter do not apply to contracts...
Chapter 12 - Automatic Renewal Provisions
§ 13-12-1. Definitions - As used in this chapter, the term: History. Code 1981,...
§ 13-12-2. Disclosure to Consumer of Automatic Renewal Provision in Contract or Contract Offer - Any seller that sells, leases, or offers to sell or...
§ 13-12-3. Notice to Consumer Prior to Automatic Renewal of a Service Contract - History. Code 1981, § 13-12-3 , enacted by Ga. L....
§ 13-12-4. Applicability - This chapter shall not apply to: History. Code 1981, §...
§ 13-12-5. Violation of Chapter - A violation of this chapter renders the automatic renewal provision...