reglab/housing_qa huggingface dataset:
GA Code § 36-82-28 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 2 - Validation of Bonds|Part 1 - General Provisions|§ 36-82-28. Effect of Judgment of Validation Upon Failure to File Petition

 Where proceedings are had as provided in Code Section 36-82-27 and result in a judgment validating the bonds, the bonds shall be held and deemed to be as fully and completely validated to all intents and purposes as though the proceedings had been had originally as provided by law and the judgment of validation shall be finally and completely conclusive in like manner as is now provided by Code Section 36-82-25.   (Ga. L. 1920, p. 110, § 2; Code 1933, § 87-309.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 64 Am. Jur. 2d, Public Securities and Obligations, § 373 et seq.   ALR.    - Estoppel to deny validity of municipal bonds issued under an unconstitutional statute, 37 A.L.R. 1310.
GA Code § 36-82-40 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 2 - Validation of Bonds|Part 2 - Validation by Holder of Bonds Issued by Counties or Municipalities Subsequent to Adoption of Constitution of 1877|§ 36-82-40. Authorization and Procedure Generally

 The holder of any outstanding bond or bonds of any county, municipality, or political subdivision in this state issued subsequently to the adoption of the Constitution of 1877, the validating of which is not otherwise provided for by Code Sections 36-82-1 through 36-82-6 and Part 1 of this article, shall have the right to have the same validated in the manner provided in this part.   (Ga. L. 1908, p. 72, § 1; Civil Code 1910, § 453; Code 1933, § 87-401.)   Law reviews.   - For article discussing the impact on bond issues of challenges to voting procedures, see 15 Ga. St. B. J. 15 (1978).   RESEARCH REFERENCES   ALR.    - Validity, within authorized debt, tax, or voted limit, of bond issue in excess of amount permitted by law, 175 A.L.R. 823.
GA Code § 36-82-41 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 2 - Validation of Bonds|Part 2 - Validation by Holder of Bonds Issued by Counties or Municipalities Subsequent to Adoption of Constitution of 1877|§ 36-82-41. Furnishing of Indemnity Bond by Holder

 The holder of any bond or bonds described in Code Section 36-82-40 who desires to have the same validated shall first enter into an obligation with sufficient security to indemnify the county, municipality, or political subdivision issuing the bond or bonds desired to be validated against all court costs and other expenses incident to the validating proceedings, the sufficiency of the surety on such obligation to be approved by the executive officer or officers of the county, municipality, or political subdivision.   (Ga. L. 1908, p. 72, § 2; Civil Code 1910, § 454; Code 1933, § 87-402.)
GA Code § 36-82-42 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 2 - Validation of Bonds|Part 2 - Validation by Holder of Bonds Issued by Counties or Municipalities Subsequent to Adoption of Constitution of 1877|§ 36-82-42. Petition by Holder to District Attorney or Attorney General

 The holder of any bond or bonds described in Code Sections 36-82-40 and 36-82-41, having given indemnity against cost, may present to the district attorney of the circuit in which the county, municipality, or political subdivision which issued such bond or bonds is located or to the Attorney General in the event the district attorney is absent from the circuit, a petition setting forth a description of the bond or bonds sought to be validated, stating the date of issue, the rate of interest, the number and denomination of all bonds issued, and the time and place for payment of principal and interest, with a full copy of all resolutions and other proceedings authorizing the issue of the bonds, and indicating any and all other facts showing the authority of the county, municipality, or political subdivision to issue such bonds and the purpose for which they were issued.   (Ga. L. 1908, p. 72, § 3; Civil Code 1910, § 455; Code 1933, § 87-403.)
GA Code § 36-82-43 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 2 - Validation of Bonds|Part 2 - Validation by Holder of Bonds Issued by Counties or Municipalities Subsequent to Adoption of Constitution of 1877|§ 36-82-43. Petition by District Attorney or Attorney General to Superior Court; Order to Show Cause; Service of Petition and Order; Answer

 Within 20 days from the date on which the petition of the holder of any bond or bonds is presented to the district attorney or to the Attorney General such officer shall prepare and file, in the office of the clerk of the superior court of the county which issued the bonds or in the county in which the municipality or political subdivision which issued the bonds is located, a petition directed to the superior court of the county, in the name of the state and against the county, municipality, or political subdivision issuing the bonds, setting forth all the facts stated in the petition presented to him as provided in Code Section 36-82-42, the name of the county, municipality, or political subdivision which issued the bonds, the amount of bonds issued, for what purpose they were issued, a full description of the bonds, the authority under which they were issued, and the number of outstanding bonds. He shall obtain from the judge of the superior court of the county an order requiring the county, municipality, or political subdivision to show cause, by the proper officer or officers, at such time and place within 20 days from the filing of the petition as the judge of the court may direct, why the bonds described in the petition should not be confirmed and validated. The petition and order shall be served in the manner provided by law for the service of petitions upon counties, municipalities, or political subdivisions. The officer or officers of the county, municipality, or political subdivision shall make sworn answer to the petition within the time prescribed.   (Ga. L. 1908, p. 72, § 4; Civil Code 1910, § 456; Code 1933, § 87-404.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 64 Am. Jur. 2d, Public Securities and Obligations, §§ 358, 360, 379, 380.
GA Code § 36-82-44 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 2 - Validation of Bonds|Part 2 - Validation by Holder of Bonds Issued by Counties or Municipalities Subsequent to Adoption of Constitution of 1877|§ 36-82-44. Hearing and Judgment; Parties to Proceedings; Appeal

 Within the time prescribed in the order or such further time as he may fix, the judge of the superior court shall proceed to hear and determine all questions of law and fact in the case and shall render judgment thereon. Any citizen of this state who is resident in the county, municipality, or political subdivision desiring to issue the bonds may become a party to the proceedings at or before the time set for the hearing. Any party thereto who is dissatisfied with the judgment of the court confirming and validating the issuance of the bonds or refusing to confirm and validate the issuance of the bonds may appeal from the judgment under the procedure provided by law in cases of injunction. Only a party to the proceedings at the time the judgment appealed from is rendered may appeal from the judgment.   (Ga. L. 1908, p. 72, § 5; Civil Code 1910, § 457; Code 1933, § 87-405; Ga. L. 1946, p. 726, § 1; Ga. L. 1953, Nov.-Dec. Sess., p. 279, § 5; Ga. L. 1966, p. 76, § 4.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 64 Am. Jur. 2d, Public Securities and Obligations, § 366 et seq.   ALR.    - Estoppel to deny validity of municipal bonds issued under an unconstitutional statute, 37 A.L.R. 1310.
GA Code § 36-82-45 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 2 - Validation of Bonds|Part 2 - Validation by Holder of Bonds Issued by Counties or Municipalities Subsequent to Adoption of Constitution of 1877|§ 36-82-45. Effect of Judgment of Validation

 If no appeal is filed within the time prescribed by law or if an appeal is filed and the judgment is affirmed on appeal, the judgment of the superior court confirming and validating the bonds shall be forever conclusive upon the validity of the bonds against the county, municipality, or political subdivision.   (Ga. L. 1908, p. 72, § 6; Civil Code 1910, § 458; Code 1933, § 87-406; Ga. L. 1966, p. 76, § 5.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 64 Am. Jur. 2d, Public Securities and Obligations, § 373 et seq.   ALR.    - Estoppel to deny validity of municipal bonds issued under an unconstitutional statute, 37 A.L.R. 1310.
GA Code § 36-82-46 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 2 - Validation of Bonds|Part 2 - Validation by Holder of Bonds Issued by Counties or Municipalities Subsequent to Adoption of Constitution of 1877|§ 36-82-46. Applicability of Code Sections 36-82-22 and 36-82-25

 Code Sections 36-82-22 and 36-82-25, providing for a notice of proceeding to validate and proof of validation, are made applicable in all proceedings to validate bonds under Code Sections 36-82-40 through 36-82-45.   (Ga. L. 1908, p. 72, § 7; Civil Code 1910, § 459; Code 1933, § 87-407.)   RESEARCH REFERENCES   ALR.    - Estoppel to deny validity of municipal bonds issued under an unconstitutional statute, 37 A.L.R. 1310.
GA Code § 36-82-47 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 82 - Bonds|Article 2 - Validation of Bonds|Part 2 - Validation by Holder of Bonds Issued by Counties or Municipalities Subsequent to Adoption of Constitution of 1877|§ 36-82-47. Payment of Costs of Proceedings

 All the costs of the proceedings shall be paid by the holder or holders requesting the validation of the bonds.   (Ga. L. 1908, p. 72, § 8; Civil Code 1910, § 460; Code 1933, § 87-408.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 64 Am. Jur. 2d, Public Securities and Obligations, § 376.
GA Code § 36-91-40 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 91 - Public Works Bidding|Article 3 - Bonds|Part 1 - General Provisions|§ 36-91-40. Approval and Filing of Bonds With Treasurer

    Any bid bond, performance bond, payment bond, or security deposit required for a 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 therein. At the option of the governmental entity, 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 Code section shall be approved as to form and as to the solvency of the surety by an officer of the governmental entity negotiating the contract on behalf of the governmental entity. In the case of a bid bond, such approval shall be obtained prior to acceptance of the bid or proposal. In the case of payment bonds and performance bonds, 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, §36-91-40, enacted by Ga. L. 2000, p. 498, § 1; Ga. L. 2001, p. 820, § 12.)
GA Code § 36-91-41 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 91 - Public Works Bidding|Article 3 - Bonds|Part 1 - General Provisions|§ 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 proposals and specifies the amount of such bond.    (Code 1981, §36-91-41, enacted by Ga. L. 2013, p. 628, § 7/SB 179.)   Editor's notes.   - Former Code Section 36-91-41 was redesignated as Code Section 36-91-50 by Ga. L. 2001, p. 820, § 12, effective July 1, 2001.
GA Code § 36-91-42 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 91 - Public Works Bidding|Article 3 - Bonds|Part 1 - General Provisions|§ 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.    (Code 1981, §36-91-42, enacted by Ga. L. 2021, p. 459, § 3-1/SB 169.)
GA Code § 36-91-50 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 91 - Public Works Bidding|Article 3 - Bonds|Part 2 - Bid Bonds|§ 36-91-50. (See Editor's notes.) 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 as provided in Code Sections 36-91-52 and 36-91-53, a bid may not be revoked or withdrawn until 60 days after the time set by the governmental entity for opening of bids. Upon expiration of this time period, the bid will cease to be valid, unless the bidder provides written notice to the governmental entity prior to the scheduled expiration date that the bid will be extended for a time period specified by the governmental entity.   In the case of competitive sealed proposals, the governmental entity 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 governmental entity to be unlikely of being selected for contract award shall be released from his or her proposal.   If a governmental entity requires a bid bond for any public works construction contract, no bid or proposal for a contract with the governmental entity shall be valid for any purpose unless the contractor shall give a bid bond with good and sufficient surety or sureties approved by the governing authority. 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 36-91-51 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.     (Code 1981, §36-91-41, enacted by Ga. L. 2000, p. 498, § 1; Code 1981, §36-91-50, as redesignated by Ga. L. 2001, p. 820, § 12.)   For application of this statute in 2020 and 2021, see Executive Orders 06.11.20.01, 06.29.20.02, 07.15.20.01, 07.31.20.02, 08.15.20.01, 08.31.20.02, 09.15.20.01, 09.30.20.02, 10.15.20.01, 10.30.20.02, 11.13.30.01, 11.30.20.02, 12.08.20.01, 12.30.20.02, 01.15.21.01, 01.29.21.02, 02.15.21.01, 02.26.21.02, 03.12.21.01, 03.31.21.03, 04.30.21.01, and 05.28.21.02.   A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.   Ga. L. 2001, p. 820, § 12, effective July 1, 2001, redesignated former Code Section 36-91-50 as present Code Section 36-91-70.
GA Code § 36-91-51 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 91 - Public Works Bidding|Article 3 - Bonds|Part 2 - Bid Bonds|§ 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 which the contract is to be awarded.   When the amount of any bid bond required under this article does not exceed $750,000.00, the governmental entity 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 36-91-50.     (Code 1981, §36-91-42, enacted by Ga. L. 2000, p. 498, § 1; Code 1981, §36-91-51, as redesignated by Ga. L. 2001, p. 820, § 12; Ga. L. 2007, p. 209, § 1/HB 134.)   Editor's notes.   - Ga. L. 2001, p. 820, § 12, effective July 1, 2001, redesignated former Code Section 36-91-51 as present Code Section 36-91-71.
GA Code § 36-91-52 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 91 - Public Works Bidding|Article 3 - Bonds|Part 2 - Bid Bonds|§ 36-91-52. Bid and Bidder Defined; Withdrawal of Bids for Appreciable Errors; Resubmission

  As used in this Code section, the term "bid" includes proposal and the term "bidder" includes offeror.   Any governmental entity receiving bids subject to this article 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 governmental entity 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 governmental entity 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, §36-91-43, enacted by Ga. L. 2000, p. 498, § 1; Code 1981, §36-91-52, as redesignated by Ga. L. 2001, p. 820, § 12.)   Editor's notes.   - Ga. L. 2001, p. 820, § 12, effective July 1, 2001, redesignated former Code Section 36-91-52 as present Code Section 36-91-72.
GA Code § 36-91-53 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 91 - Public Works Bidding|Article 3 - Bonds|Part 2 - Bid Bonds|§ 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 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, §36-91-44, enacted by Ga. L. 2000, p. 498, § 1; Code 1981, §36-91-53, as redesignated by Ga. L. 2001, p. 820, § 12.)
GA Code § 36-91-54 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 91 - Public Works Bidding|Article 3 - Bonds|Part 2 - Bid Bonds|§ 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 and the acceptance of the public work by the governmental entity.    (Code 1981, §36-91-45, enacted by Ga. L. 2000, p. 498, § 1; Code 1981, §36-91-54, as redesignated by Ga. L. 2001, p. 820, § 12.)
GA Code § 36-91-70 (2021)
2021 Georgia Code|Title 36 - Local Government|Chapter 91 - Public Works Bidding|Article 3 - Bonds|Part 3 - Performance Bonds|§ 36-91-70. (See Editor's notes.) Requirement of Performance Bonds

 Performance bonds shall be required for all public works construction contracts subject to the requirements of this chapter with an estimated contract amount greater than $100,000.00; provided, however, that a governmental entity 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 shall give 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, §36-91-50, enacted by Ga. L. 2000, p. 498, § 1; Code 1981, §36-91-70, as redesignated by Ga. L. 2001, p. 820, § 12.)   For application of this statute in 2020 and 2021, see Executive Orders 06.11.20.01, 06.29.20.02, 07.15.20.01, 07.31.20.02, 08.15.20.01, 08.31.20.02, 09.15.20.01, 09.30.20.02, 10.15.20.01, 10.30.20.02, 11.13.30.01, 11.30.20.01, 12.08.20.01, 12.30.20.02, 01.15.21.01, 01.29.21.02, 02.15.21.01, 02.26.21.02, 03.12.21.01, 03.31.21.03, 04.30.21.01, and 05.28.21.02.   A listing of Executive Orders issued in 2020 and 2021 can be found at https://gov.georgia.gov/executive-action/executive-orders.   Ga. L. 2001, p. 820, § 12, effective July 1, 2001, redesignated former Code Section 36-91-70 as present Code Section 36-91-90.