reglab/housing_qa huggingface dataset:
GA Code § 12-8-104.1 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 3 - Hazardous Waste|Part 3 - Georgia Voluntary Remediation Program|§ 12-8-104.1. Voluntary Remediation Escrow Account Established; Role and Duties of Director

  There is established the Voluntary Remediation Escrow Account. The director shall serve as the trustee of the escrow account. The account shall consist of the application fees and reimbursement fees collected by the director pursuant to this part and pursuant to Code Section 12-8-209, and such fees shall be held in an interest-bearing account.   The director is authorized to expend the principal balance of the escrow account for costs incurred in administering the voluntary remediation program including reimbursing state contractors used in the administration of such program. The director is also authorized to expend interest earned on the account for the administration of the voluntary remediation program; provided, however, that interest funds collected must be expended within the same fiscal year in which the interest was earned and any interest not so expended shall be deposited in the state treasury. Any unused funds remaining following the conclusion of a project shall be deposited in the general treasury.     (Code 1981, §12-8-104.1, enacted by Ga. L. 2010, p. 531, § 2/SB 78; Ga. L. 2011, p. 752, § 12/HB 142.)
GA Code § 12-8-105 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 3 - Hazardous Waste|Part 3 - Georgia Voluntary Remediation Program|§ 12-8-105. Criteria for Property Qualifying for Voluntary Remediation Program

 In order to be considered a qualifying property for the voluntary remediation program under this part, a property shall meet the following criteria:    The property must be listed on the inventory under Part 2 of this article or be a property which meets the criteria of Code Section 12-8-205 or otherwise have a release of regulated substances into the environment;   The property shall not:   Be listed on the federal National Priorities List pursuant to the federal Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601, et seq.;   Be currently undergoing response activities required by an order of the regional administrator of the federal Environmental Protection Agency; or   Be a facility required to have a permit under Code Section 12-8-66;     Qualifying the property under this part would not violate the terms and conditions under which the division operates and administers remedial programs by delegation or similar authorization from the United States Environmental Protection Agency; and   Any lien filed under subsection (e) of Code Section 12-8-96 or subsection (b) of Code Section 12-13-12 against the property shall be satisfied or settled and released by the director pursuant to Code Section 12-8-94 or Code Section 12-13-6.     (Code 1981, §12-8-105, enacted by Ga. L. 2009, p. 714, § 1/HB 248.)   Editor's notes.   - Former Code Section 12-8-105, formerly part of Article 4, concerning the acceptance of contributions by federal agencies, was repealed by Ga. L. 2001, p. 873, § 5, effective July 1, 2001, and was based on Ga. L. 1981, p. 462, § 7.
GA Code § 12-8-106 (2021)
2021 Georgia Code|Title 12 - Conservation and Natural Resources|Chapter 8 - Waste Management|Article 3 - Hazardous Waste|Part 3 - Georgia Voluntary Remediation Program|§ 12-8-106. Criteria for Participants in Voluntary Remediation Program

 A participant in the voluntary remediation program must meet the following criteria:    Be the property owner of the voluntary remediation property or have express permission to enter another's property to perform corrective action including, to the extent applicable, implementing controls for the site pursuant to written lease, license, order, or indenture;   Not be in violation of any order, judgment, statute, rule, or regulation subject to the enforcement authority of the director; and   Meet other such criteria as may be established by the board pursuant to Code Section 12-8-103.     (Code 1981, §12-8-106, enacted by Ga. L. 2009, p. 714, § 1/HB 248; Ga. L. 2013, p. 141, § 12/HB 79.)   Editor's notes.   - Former Code Section 12-8-106, formerly part of Article 4, concerning moneys received as constituting trust funds, was repealed by Ga. L. 2001, p. 873, § 5, effective July 1, 2001, and was based on Ga. L. 1981, p. 462, § 8.
GA Code § 13-10-2 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 10 - Contracts for Public Works|Article 1 - General Provisions|Part 1 - Bonds|§ 13-10-2. Approval of Bond; Strengthening of Bond

    Any bid bond, performance bond, payment bond, or security deposit required for a state public works construction contract shall be approved and filed with the treasurer or the person performing the duties usually performed by a treasurer of the obligee named in such bond. At the option of the state, if the surety named in the bond is other than a surety company authorized by law to do business in this state pursuant to a current certificate of authority to transact surety business by the Commissioner of Insurance, such bond shall not be approved and filed unless such surety is on the United States Department of Treasury's list of approved bond sureties.   Any bid bond, performance bond, or payment bond required by this chapter shall be approved as to form and as to the solvency of the surety by an officer of the state or the agency or authority of the state negotiating the contract on behalf of the state. In the case of a bid bond, such approval shall be obtained prior to acceptance of the bid or proposal. In the case of a payment bond or a performance bond, such approval shall be obtained prior to the execution of the contract.     Whenever, in the judgment of the obligee:   Any surety on a bid, performance, or payment bond has become insolvent;   Any corporate surety is no longer certified or approved by the Commissioner of Insurance to do business in the state; or   For any cause there are no longer proper or sufficient sureties on any or all of the bonds,  the obligee may require the contractor to strengthen any or all of the bonds or to furnish a new or additional bond or bonds within ten days. Thereupon, if so ordered by the obligee, all work on the contract shall cease unless such new or additional bond or bonds are furnished. If such bond or bonds are not furnished within such time, the obligee may terminate the contract and complete the same as the agent of and at the expense of the contractor and his or her sureties.        (Code 1981, §13-10-2, enacted by Ga. L. 2001, p. 820, § 1.)   RESEARCH REFERENCES   7A Am. Jur. Pleading and Practice Forms, Contractors' Bonds, § 2.
GA Code § 13-10-4 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 10 - Contracts for Public Works|Article 1 - General Provisions|Part 1 - Bonds|§ 13-10-4. Limitation on Disqualification of Bidders Upon Lack of Previous Experience

 In awarding contracts based upon sealed competitive bids or sealed competitive proposals, no bidder shall be disqualified from a bid or proposal or denied prequalification based upon:    A lack of previous experience with a job of the size for which the bid or proposal is being sought if:   The bid or proposal is not more than 30 percent greater in scope or cost from the bidder's previous experience in jobs;   The bidder has experience in performing the work for which bids or proposals are sought; and   The bidder is capable of being bonded by a surety which meets the qualifications of the bid documents for a bid bond, a performance bond, and a payment bond as required for the scope of the work for which the bid or proposal is being sought; or     A lack of previous experience with the construction delivery method to be used for the job for which the bid or proposal is being sought.     (Code 1981, §13-10-4, enacted by Ga. L. 2013, p. 126, § 1/SB 168; Ga. L. 2018, p. 343, § 1/HB 899.)
GA Code § 13-10-20 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 10 - Contracts for Public Works|Article 1 - General Provisions|Part 1 - Bonds|§ 13-10-20. Large Public Works Contracts; Requirements for Bid Bonds; Withdrawal of Bid

  Bid bonds shall be required for all state public works construction contracts with estimated bids or proposals over $100,000.00; provided, however, that the state or any public board or body of the state 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 as provided in Code Sections 13-10-22 and 13-10-23, a bid may not be revoked or withdrawn until 60 days after the time set by the state or any public board or body of the state for opening of bids. Upon expiration of such 60 day time period, the bid will cease to be valid, unless the bidder provides written notice to the state prior to the scheduled expiration date that the bid will be extended for a time period specified by the state.   In the case of competitive sealed proposals, the state shall advise offerors in the request for proposals of the number of days that offerors will be required to honor their proposals; provided, however, that if an offeror is not selected within 60 days of opening the proposals, any offeror that is determined by the state to be unlikely of being selected for contract award shall be released from his or her proposal.   If the state requires a bid bond for any public works construction contract, no bid or proposal for a contract with the state shall be valid for any purpose unless the contractor gives a bid bond with good and sufficient surety or sureties approved by the state. The bid bond shall be in the amount of not less than 5 percent of the total amount payable by the terms of the contract. No bid or proposal shall be considered if a proper bid bond or other security authorized in Code Section 13-10-21 has not been submitted. The provisions of this subsection shall not apply to any bid or proposal for a contract that is required by law to be accompanied by a proposal guaranty and shall not apply to any bid or proposal for a contract with any public agency or body which receives funding from the United States Department of Transportation and which is primarily engaged in the business of public transportation.   When the state 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 state provides for a bid bond in the request for proposals and specifies the amount of such bond.     (Code 1981, §13-10-20, enacted by Ga. L. 2001, p. 820, § 1; Ga. L. 2013, p. 628, § 2/SB 179.)    The 2013 amendment,  effective May 6, 2013, added subsection (e).   Editor's notes.   - Ga. L. 2001, p. 820, § 1, effective July 1, 2001, redesignated former Code Section 13-10-20 as present Code Section 13-10-81.
GA Code § 13-10-21 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 10 - Contracts for Public Works|Article 1 - General Provisions|Part 1 - Bonds|§ 13-10-21. Alternatives to Bid Bond

  In lieu of the bid bond provided for in Code Section 13-10-20, the state 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 state.   When the amount of any bid bond required under this article does not exceed $300,000.00, the state may, in its sole discretion, accept an irrevocable letter of credit issued by a bank or savings and loan association, as defined in Code Section 7-1-4, in the amount of and in lieu of the bond otherwise required under Code Section 13-10-20.     (Code 1981, §13-10-21, enacted by Ga. L. 2001, p. 820, § 1.)   Editor's notes.   - Ga. L. 2001, p. 820, § 1, effective July 1, 2001, redesignated former Code Section 13-10-21 as present Code Section 13-10-82.
GA Code § 13-10-22 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 10 - Contracts for Public Works|Article 1 - General Provisions|Part 1 - Bonds|§ 13-10-22. "Bid" and "Bidder" Defined; Appreciable Errors in Calculation of Bids; Withdrawing Bids

  As used in this Code section, the term "bid" shall include proposals and the term "bidder" shall include offerors.   When receiving bids subject to this article, the state shall permit a bidder to withdraw a bid from consideration after the bid opening without forfeiture of the bid security if the bidder has made an appreciable error in the calculation of his or her bid and if:   Such error in the calculation of his or her bid can be documented by clear and convincing written evidence;   Such error can be clearly shown by objective evidence drawn from inspection of the original work papers, documents, or materials used in the preparation of the bid sought to be withdrawn;   The bidder serves written notice upon the state or the agency or authority of the state which invited proposals for the work prior to the award of the contract and not later than 48 hours after the opening of bids, excluding Saturdays, Sundays, and legal holidays;   The bid was submitted in good faith and the mistake was due to a calculation or clerical error, an inadvertent omission, or a typographical error as opposed to an error in judgment; and   The withdrawal of the bid will not result in undue prejudice to the state or other bidders by placing them in a materially worse position than they would have occupied if the bid had never been submitted.     In the event that an apparent successful bidder has withdrawn his or her bid as provided in subsection (b) of this Code section, action on the remaining bids should be considered as though the withdrawn bid had not been received. In the event the project is relet for bids, under no circumstances shall a bidder who has filed a request to withdraw a bid be permitted to resubmit a bid for the work.   No bidder who is permitted to withdraw a bid pursuant to subsection (b) of this Code section shall for compensation supply any material or labor to, or perform any subcontract or other work agreement for, the person or firm to whom the contract is awarded or otherwise benefit, directly or indirectly, from the performance of the project for which the withdrawn bid was submitted.     (Code 1981, §13-10-22, enacted by Ga. L. 2001, p. 820, § 1.)   Editor's notes.   - Ga. L. 2001, p. 820, § 1, effective July 1, 2001, redesignated former Code Section 13-10-22 as present Code Section 13-10-83.
GA Code § 13-10-23 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 10 - Contracts for Public Works|Article 1 - General Provisions|Part 1 - Bonds|§ 13-10-23. Affiliated Corporations

  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" shall include proposals.     In any case where two or more affiliated corporations bid for a contract under this Code section and any one or more of such affiliated corporations subsequently rescind or revoke their bid or bids in favor of another such affiliated corporation whose bid is for a higher amount and the contract is awarded at such higher amount to such other affiliated corporation, then the bid bond, proposal guaranty, or other security otherwise required under this article of each affiliated corporation rescinding or revoking its bid shall be forfeited.     (Code 1981, §13-10-23, enacted by Ga. L. 2001, p. 820, § 1.)
GA Code § 13-10-24 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 10 - Contracts for Public Works|Article 1 - General Provisions|Part 1 - Bonds|§ 13-10-24. Maintenance of Action on Bid Bond by Obligee

 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 and the acceptance of the public work by the state.    (Code 1981, §13-10-24, enacted by Ga. L. 2001, p. 820, § 1.)    PART 3 P   ERFORMANCE BONDS
GA Code § 13-10-40 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 10 - Contracts for Public Works|Article 1 - General Provisions|Part 1 - Bonds|§ 13-10-40. (See Editor's notes.) 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 a performance bond shall be valid for any purpose unless the contractor gives such performance bond. The performance bond shall be in the amount of at least the total amount payable by the terms of the contract and shall be increased as the contract amount is increased.    (Code 1981, §13-10-40, enacted by Ga. L. 2001, p. 820, § 1.)   For application of this statute in 2020, see Executive Orders 06.11.20.01, 06.29.20.02, 07.15.20.01, 07.31.20.02, 08.15.20.01, and 08.31.20.02.   A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2 020-executive-orders.   Law reviews.   - For article, "A Georgia Practitioner's Guide to Construction Performance Bond Claims," see 60 Mercer L. Rev. 509 (2010).
GA Code § 13-10-41 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 10 - Contracts for Public Works|Article 1 - General Provisions|Part 1 - Bonds|§ 13-10-41. (See Editor's notes.) Alternatives to Performance Bond

 When the amount of the performance bond required under this article does not exceed $300,000.00, the state may, in its sole discretion, accept an irrevocable letter of credit by a bank or savings and loan association, as defined in Code Section 7-1-4, in the amount of and in lieu of the bond otherwise required under this article.    (Code 1981, §13-10-41, enacted by Ga. L. 2001, p. 820, § 1.)   For application of this statute in 2020, see Executive Orders 06.11.20.01, 06.29.20.02, 07.15.20.01, 07.31.20.02, 08.15.20.01, and 08.31.20.02.   A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2 020-executive-orders.
GA Code § 13-10-42 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 10 - Contracts for Public Works|Article 1 - General Provisions|Part 1 - Bonds|§ 13-10-42. (See Editor's notes.) Maintenance of Action on Performance Bond by Obligee

 The obligee in any performance 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, no action can be instituted on the bonds or security deposits after one year from the completion of the contract and the acceptance of the public work by the state.    (Code 1981, §13-10-42, enacted by Ga. L. 2001, p. 820, § 1.)   For application of this statute in 2020, see Executive Orders 06.11.20.01, 06.29.20.02, 07.15.20.01, 07.31.20.02, 08.15.20.01, and 08.31.20.02.   A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2 020-executive-orders.
GA Code § 13-10-43 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 10 - Contracts for Public Works|Article 1 - General Provisions|Part 1 - Bonds|§ 13-10-43. 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.    (Code 1981, §13-10-43, enacted by Ga. L. 2021, p. 459, § 1-1/SB 169.)   OPINIONS OF THE ATTORNEY GENERAL   Editor's notes.   - In light of the similarity of the statutory provisions, decisions under former O.C.G.A. § 13-10-1 prior to its 2001 amendment are included in the annotations for this Code section.    State body for which work is to be done should also approve the required bonds. 1980 Op. Att'y Gen. No. 80-99.(decided under former O.C.G.A. § 13-10-1 prior to its 2001 amendment).   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 this type of contract if the contract amount is in excess of $20,000.00 [now $40,000.00]. 1988 Op. Att'y Gen. U88-32.(decided under former O.C.G.A. § 13-10-1 prior to its 2001 amendment).
GA Code § 13-10-60 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 10 - Contracts for Public Works|Article 1 - General Provisions|Part 1 - Bonds|§ 13-10-60. (See Editor's notes.) Large Public Works Contracts; Requirement for Payment Bonds

 Except as otherwise provided in Title 32, payment 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 payment bond for public works construction contracts that are estimated at $100,000.00 or less. No public works construction contract requiring a payment bond shall be valid for any purpose unless the contractor gives such payment bond; provided, however, that in lieu of such payment bond, the state, in its discretion, may accept a cashier's check, certified check, or cash for the use and protection of all subcontractors and all persons supplying labor, materials, machinery, and equipment in the prosecution of work provided in the contract. The payment bond or other security accepted in lieu of a payment bond shall be in the amount of at least the total amount payable by the terms of the initial contract and shall be increased if requested by the state as the contract amount is increased.    (Code 1981, §13-10-60, enacted by Ga. L. 2001, p. 820, § 1.)   For application of this statute in 2020, see Executive Orders 06.11.20.01, 06.29.20.02, 07.15.20.01, 07.31.20.02, 08.15.20.01, and 08.31.20.02.   A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2 020-executive-orders.   Law reviews.   - For survey article on construction law for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 85 (2003).
GA Code § 13-10-61 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 10 - Contracts for Public Works|Article 1 - General Provisions|Part 1 - Bonds|§ 13-10-61. (See Editor's notes.) Liability of Contracting Entity for Failure to Comply With Article

 If a payment bond or security deposit is not taken in the manner and form required in this article, the corporation or body for which work is done under the contract shall be liable to all subcontractors and to all persons supplying labor, materials, machinery, or equipment to the contractor or subcontractor thereunder for any loss resulting to them from such failure. No agreement, modification, or change in the contract, change in the work covered by the contract, or extension of time for the completion of the contract shall release the sureties of such payment bond.    (Code 1981, §13-10-61, enacted by Ga. L. 2001, p. 820, § 1.)   For application of this statute in 2020, see Executive Orders 06.11.20.01, 06.29.20.02, 07.15.20.01, 07.31.20.02, 08.15.20.01, and 08.31.20.02.   A listing of Executive Orders issued in 2020 can be found at https://gov.georgia.gov/executive-action/executive-orders/2 020-executive-orders.