reglab/statecodes huggingface dataset:
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 2 - REGULATION OF TRACTOR AND FARM EQUIPMENT MANUFACTURERS, DISTRIBUTORS, AND DEALERS (§§ 13-8-11 — 13-8-25) › Section 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, will fully indemnify and hold harmless its dealer against any losses including, but not limited to: court costs and reasonable attorney's fees or damages arising out of complaints, claims, or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, express or implied warranty, or rescission of the sale where the complaint, claim, or lawsuit relates to the manufacture, assembly, or design of new items covered by this article, parts or accessories, or other functions by the manufacturer, distributor, or wholesaler which are beyond the control of the dealer.
Amended by 2002 Ga. Laws 912,§ 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 2 - REGULATION OF TRACTOR AND FARM EQUIPMENT MANUFACTURERS, DISTRIBUTORS, AND DEALERS (§§ 13-8-11 — 13-8-25) › Section 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 now in effect which have no expiration date and are a continuing contract and all other contracts entered into or renewed on or after July 1, 2002. Any contract in force and effect prior to July 1, 2002, which by its own terms will terminate on a date subsequent thereto shall be governed by the law as it existed prior to July 1, 2002.
Amended by 2002 Ga. Laws 912,§ 1, eff. 7/1/2002.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 3 - REGULATION OF FARM EQUIPMENT MANUFACTURERS, DISTRIBUTORS, AND DEALERS (§§ 13-8-31 — 13-8-45) › Section 13-8-31 - Legislative findings

The General Assembly finds that the distribution of farm equipment in the State of Georgia vitally affects the general economy of the state and the public interest and public welfare and, in the exercise of its police power, it is necessary to regulate farm equipment manufacturers, distributors, dealers, and their representatives doing business in Georgia in order to prevent frauds, unfair business practices, unfair methods of competition, impositions, and other abuses upon its citizens.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 3 - REGULATION OF FARM EQUIPMENT MANUFACTURERS, DISTRIBUTORS, AND DEALERS (§§ 13-8-31 — 13-8-45) › Section 13-8-33 - Persons subject to provisions of article

Any person who engages directly or indirectly in purposeful contacts within this state in connection with the offering or advertising for sale of farm machinery or implements and parts shall be subject to the provisions of this article and shall be subject to the jurisdiction of the courts of this state upon service of process in accordance with the provisions of the laws of the State of Georgia.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 3 - REGULATION OF FARM EQUIPMENT MANUFACTURERS, DISTRIBUTORS, AND DEALERS (§§ 13-8-31 — 13-8-45) › Section 13-8-34 - Unfair competition; unfair or deceptive acts

Unfair methods of competition and unfair or deceptive acts or practices as defined in Code Section
13-8-35
are declared to be unlawful.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 3 - REGULATION OF FARM EQUIPMENT MANUFACTURERS, DISTRIBUTORS, AND DEALERS (§§ 13-8-31 — 13-8-45) › Section 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 wholesalers for any expenses they incur in complying with the provisions of Georgia laws pertaining to warranty requirements for farm equipment or implements as they apply to products of the manufacturer.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 3 - REGULATION OF FARM EQUIPMENT MANUFACTURERS, DISTRIBUTORS, AND DEALERS (§§ 13-8-31 — 13-8-45) › Section 13-8-38 - Agreements to which article shall apply

The provisions of this article shall apply to all written or oral agreements between a manufacturer with a wholesaler including, but not limited to, the franchise offering, the franchise agreement, sales of goods, services and advertising, leases or mortgages of real or personal property, promises to pay, security interests, pledges, insurance contracts, advertising contracts, construction or installation contracts, servicing contracts, and all other such agreements in which the manufacturer has any direct or indirect interest.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 3 - REGULATION OF FARM EQUIPMENT MANUFACTURERS, DISTRIBUTORS, AND DEALERS (§§ 13-8-31 — 13-8-45) › Section 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 due cause, to fail to renew on terms then equally available to all its wholesalers, to terminate a franchise, or to restrict the transfer of a franchise unless the franchisee shall receive fair and reasonable compensation for the inventory of the business. As used in this Code section, "due cause" shall be construed in accordance with the definition of same as contained in subparagraph (c)(3)(B) of Code Section
13-8-35
.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 3 - REGULATION OF FARM EQUIPMENT MANUFACTURERS, DISTRIBUTORS, AND DEALERS (§§ 13-8-31 — 13-8-45) › Section 13-8-40 - Damages recoverable for injuries sustained by violations of article; class actions; punitive damages

(a)
In addition to temporary or permanent injunctive relief as provided in subparagraph (c)(3)(A) of Code Section
13-8-35
, any person who shall be injured in his business or property by reason of anything forbidden in this article may bring an action therefor in the appropriate superior court of this state and shall recover the actual damages sustained and the costs of such action, including a reasonable attorney's fee.
(b)
When such action is one of common or general interest to many persons or when the parties are numerous and it is impracticable to bring them all before the court, one or more may bring a class action for the benefit of the whole, including actions for injunctive relief.
(c)
In an action for money damages, if the jury finds that the defendant acted maliciously, the jury may award punitive damages as permitted by Georgia law.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 3 - REGULATION OF FARM EQUIPMENT MANUFACTURERS, DISTRIBUTORS, AND DEALERS (§§ 13-8-31 — 13-8-45) › Section 13-8-41 - Contracts and agreements in violation of article as void

Any contract or franchise agreement or part thereof or practice thereunder in violation of any provision of this article shall be deemed against public policy and shall be void and unenforceable.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 3 - REGULATION OF FARM EQUIPMENT MANUFACTURERS, DISTRIBUTORS, AND DEALERS (§§ 13-8-31 — 13-8-45) › Section 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 wholesaler or the majority stockholder of a corporation operating as a wholesaler, the manufacturer shall, at the option of the heirs at law if the wholesaler died intestate, or the devisees or transferees under the terms of the deceased wholesaler's last will and testament if said wholesaler died testate, repurchase the inventory from said heirs or devisees as aforesaid as if the manufacturer had terminated the contract, and the inventory repurchase provisions of Code Section
13-8-42
are made expressly applicable hereto. The heirs or devisees as aforesaid shall have one year from the date of the death of the wholesaler or majority stockholder to exercise their option under this article; provided, however, that nothing in this article shall require the repurchase of inventory if the heirs or devisees as aforesaid and the manufacturer enter into a new franchise agreement to operate the wholesale business.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 3 - REGULATION OF FARM EQUIPMENT MANUFACTURERS, DISTRIBUTORS, AND DEALERS (§§ 13-8-31 — 13-8-45) › Section 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 against any losses including, but not limited to, court costs and reasonable attorney's fees or damages arising out of complaints, claims, or lawsuits including, but not limited to, strict liability, negligence, misrepresentation, express or implied warranty, or rescission of the sale where the complaint, claim, or lawsuit relates to the manufacture, assembly, or design of new items covered by this article, parts or accessories, or other functions by the manufacturer which are beyond the control of the wholesaler.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 3 - REGULATION OF FARM EQUIPMENT MANUFACTURERS, DISTRIBUTORS, AND DEALERS (§§ 13-8-31 — 13-8-45) › Section 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 now in effect which have no expiration date and are a continuing contract and all other contracts entered into or renewed after November 1, 1982. Any contract in force and effect on November 1, 1982, which by its own terms will terminate on a date subsequent thereto shall be governed by the law as it existed prior to this article.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 4 - RESTRICTIVE COVENANTS IN EMPLOYMENT AND COMMERCIAL CONTRACTS (§§ 13-8-50 — 13-8-59) › Section 13-8-50 - Legislative findings

The General Assembly finds that reasonable restrictive covenants contained in employment and commercial contracts serve the legitimate purpose of protecting legitimate business interests and creating an environment that is favorable to attracting commercial enterprises to Georgia and keeping existing businesses within the state. Further, the General Assembly desires to provide statutory guidance so that all parties to such agreements may be certain of the validity and enforceability of such provisions and may know their rights and duties according to such provisions.
Added by 2011 Ga. Laws 99,§ 4, eff. 5/11/2011.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 4 - RESTRICTIVE COVENANTS IN EMPLOYMENT AND COMMERCIAL CONTRACTS (§§ 13-8-50 — 13-8-59) › Section 13-8-52 - Application

(a)
The provisions of this article shall be applicable only to contracts and agreements between or among:
(1)
Employers and employees;
(2)
Distributors and manufacturers;
(3)
Lessors and lessees;
(4)
Partnerships and partners;
(5)
Franchisors and franchisees;
(6)
Sellers and purchasers of a business or commercial enterprise; and
(7)
Two or more employers.
(b)
The provisions of this article shall not apply to any contract or agreement not described in subsection (a) of this Code section.
Added by 2011 Ga. Laws 99,§ 4, eff. 5/11/2011.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 4 - RESTRICTIVE COVENANTS IN EMPLOYMENT AND COMMERCIAL CONTRACTS (§§ 13-8-50 — 13-8-59) › Section 13-8-54 - Judicial construction of covenants

(a)
A court shall construe a restrictive covenant to comport with the reasonable intent and expectations of the parties to the covenant and in favor of providing reasonable protection to all legitimate business interests established by the person seeking enforcement.
(b)
In any action concerning enforcement of a restrictive covenant, a court shall not enforce a restrictive covenant unless it is in compliance with the provisions of Code Section
13-8-53
; provided, however, that if a court finds that a contractually specified restraint does not comply with the provisions of Code Section
13-8-53
, then the court may modify the restraint provision and grant only the relief reasonably necessary to protect such interest or interests and to achieve the original intent of the contracting parties to the extent possible.
Added by 2011 Ga. Laws 99,§ 4, eff. 5/11/2011.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 4 - RESTRICTIVE COVENANTS IN EMPLOYMENT AND COMMERCIAL CONTRACTS (§§ 13-8-50 — 13-8-59) › Section 13-8-55 - Requirements of person seeking enforcement of covenants

The person seeking enforcement of a restrictive covenant shall plead and prove the existence of one or more legitimate business interests justifying the restrictive covenant. If a person seeking enforcement of the restrictive covenant establishes by prima-facie evidence that the restraint is in compliance with the provisions of Code Section
13-8-53
, then any person opposing enforcement has the burden of establishing that the contractually specified restraint does not comply with such requirements or that such covenant is unreasonable.
Added by 2011 Ga. Laws 99,§ 4, eff. 5/11/2011.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 4 - RESTRICTIVE COVENANTS IN EMPLOYMENT AND COMMERCIAL CONTRACTS (§§ 13-8-50 — 13-8-59) › Section 13-8-56 - Reasonableness determinations restricting competition; presumptions

In determining the reasonableness of a restrictive covenant that limits or restricts competition during or after the term of an employment or business relationship, the court shall make the following presumptions:
(1)
During the term of the relationship, a time period equal to or measured by duration of the parties' business or commercial relationship is reasonable, provided that the reasonableness of a time period after a term of employment shall be as provided for in Code Section
13-8-57
;
(2)
A geographic territory which includes the areas in which the employer does business at any time during the parties' relationship, even if not known at the time of entry into the restrictive covenant, is reasonable, provided that:
(A)
The total distance encompassed by the provisions of the covenant also is reasonable;
(B)
The agreement contains a list of particular competitors as prohibited employers for a limited period of time after the term of employment or a business or commercial relationship; or
(C)
Both subparagraphs (A) and (B) of this paragraph;
(3)
The scope of competition restricted is measured by the business of the employer or other person or entity in whose favor the restrictive covenant is given; provided, however, that a court shall not refuse to enforce the provisions of a restrictive covenant because the person seeking enforcement establishes evidence that a restrictive covenant has been violated but has not proven that the covenant has been violated as to the entire scope of the prohibited activities of the person seeking enforcement or as to the entire geographic area of the covenant; and
(4)
Any restriction that operates during the term of an employment relationship, agency relationship, independent contractor relationship, partnership, franchise, distributorship, license, ownership of a stake in a business entity, or other ongoing business relationship shall not be considered unreasonable because it lacks any specific limitation upon scope of activity, duration, or geographic area so long as it promotes or protects the purpose or subject matter of the agreement or relationship or deters any potential conflict of interest.
Amended by 2019 Ga. Laws 321,§ 13, eff. 5/12/2019.
Added by 2011 Ga. Laws 99,§ 4, eff. 5/11/2011.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 4 - RESTRICTIVE COVENANTS IN EMPLOYMENT AND COMMERCIAL CONTRACTS (§§ 13-8-50 — 13-8-59) › Section 13-8-57 - Reasonableness determinations restricting time; presumptions

(a)
In determining the reasonableness in time of a restrictive covenant sought to be enforced after a term of employment, a court shall apply the rebuttable presumptions provided in this Code section.
(b)
In the case of a restrictive covenant sought to be enforced against a former employee and not associated with the sale or ownership of all or a material part of:
(1)
The assets of a business, professional practice, or other commercial enterprise;
(2)
The shares of a corporation;
(3)
A partnership interest;
(4)
A limited liability company membership; or
(5)
An equity interest or profit participation, of any other type, in a business, professional practice, or other commercial enterprise,
a court shall presume to be reasonable in time any restraint two years or less in duration and shall presume to be unreasonable in time any restraint more than two years in duration, measured from the date of the termination of the business relationship.
(c)
In the case of a restrictive covenant sought to be enforced against a current or former distributor, dealer, franchisee, lessee of real or personal property, or licensee of a trademark, trade dress, or service mark and not associated with the sale of all or a part of:
(1)
The assets of a business, professional practice, or other commercial enterprise;
(2)
The shares of a corporation;
(3)
A partnership interest;
(4)
A limited liability company membership; or
(5)
An equity interest or profit participation, of any other type, in a business, professional practice, or other commercial enterprise,
a court shall presume to be reasonable in time any restraint three years or less in duration and shall presume to be unreasonable in time any restraint more than three years in duration, measured from the date of termination of the business relationship.
(d)
In the case of a restrictive covenant sought to be enforced against the owner or seller of all or a material part of:
(1)
The assets of a business, professional practice, or other commercial enterprise;
(2)
The shares of a corporation;
(3)
A partnership interest;
(4)
A limited liability company membership; or
(5)
An equity interest or profit participation, of any other type, in a business, professional practice, or other commercial enterprise,
a court shall presume to be reasonable in time any restraint the longer of five years or less in duration or equal to the period of time during which payments are being made to the owner or seller as a result of any sale referred to in this subsection and shall presume to be unreasonable in time any restraint more than the longer of five years in duration or the period of time during which payments are being made to the owner or seller as a result of any sale referred to in this subsection, measured from the date of termination or disposition of such interest.
Added by 2011 Ga. Laws 99,§ 4, eff. 5/11/2011.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 4 - RESTRICTIVE COVENANTS IN EMPLOYMENT AND COMMERCIAL CONTRACTS (§§ 13-8-50 — 13-8-59) › Section 13-8-58 - Enforcement by third parties

(a)
A court shall not refuse to enforce a restrictive covenant on the ground that the person seeking enforcement is a third-party beneficiary of such contract or is an assignee or successor to a party to such contract.
(b)
In determining the enforceability of a restrictive covenant, it is not a defense that the person seeking enforcement no longer continues in business in the scope of the prohibited activities that is the subject of the action to enforce the restrictive covenant if such discontinuance of business is the result of a violation of the restriction.
(c)
A court shall enforce a restrictive covenant by any appropriate and effective remedy available at law or equity, including, but not limited to, temporary and permanent injunctions.
(d)
In determining the reasonableness of a restrictive covenant between an employer and an employee, as such term is defined in subparagraphs (A) through (C) of paragraph (5) of Code Section
13-8-51
, a court may consider the economic hardship imposed upon an employee by enforcement of the covenant; provided, however, that this subsection shall not apply to contracts or agreements between or among those persons or entities listed in paragraphs (2) through (7) of subsection (a) of Code Section
13-8-52
.
Added by 2011 Ga. Laws 99,§ 4, eff. 5/11/2011.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 8 - ILLEGAL AND VOID CONTRACTS GENERALLY (§§ 13-8-1 — 13-8-59) › Article 4 - RESTRICTIVE COVENANTS IN EMPLOYMENT AND COMMERCIAL CONTRACTS (§§ 13-8-50 — 13-8-59) › Section 13-8-59 - Construction with federal provisions

Nothing in this article shall be construed or interpreted to allow or to make enforceable any restraint of trade or commerce that is otherwise illegal or unenforceable under the laws of the United States or under the Constitution of this state or of the United States.
Added by 2011 Ga. Laws 99,§ 4, eff. 5/11/2011.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 9 - CONTRACTS FOR FUTURE DELIVERY OF COTTON, GRAIN, ETC (§§ 13-9-1 — 13-9-7) › Section 13-9-1 - Definitions

As used in this chapter, the term:
(1)
"Contract for sale" means sales, purchases, agreements of sale, agreements to sell, and agreements to purchase; and
(2)
"Person" means individuals, associations, partnerships, and corporations.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 9 - CONTRACTS FOR FUTURE DELIVERY OF COTTON, GRAIN, ETC (§§ 13-9-1 — 13-9-7) › Section 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 unlawful

(a)
All contracts of sale for future delivery of cotton, grain, stocks, or other commodities (1) made in accordance with the rules of any board of trade, exchange, or similar institution, (2) actually executed on the floor of such board of trade, exchange, or similar institution and performed or discharged according to the rules thereof, and (3) placed with or through a regular member in good standing of a cotton exchange, grain exchange, board of trade, or similar institution organized under the laws of this state or any other state shall be valid and enforceable in the courts according to their terms, provided that contracts of sale for future delivery of cotton, in order to be valid and enforceable as provided in this Code section, must not only conform to the requirements of clauses (1), (2), and (3) of this subsection, but must also be made subject to the United States Cotton Futures Act, approved August 11, 1916, and any amendments thereto; provided, further, that if this clause should for any reason be held inoperative, then contracts for future delivery of cotton shall be valid and enforceable if they conform to the requirements of clauses (1), (2), and (3) of this subsection.
(b)
All contracts as defined in Code Section
13-9-1
, where it is not contemplated by a party to the contract that there shall be an actual delivery of the commodities sold or bought, shall be unlawful.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 9 - CONTRACTS FOR FUTURE DELIVERY OF COTTON, GRAIN, ETC (§§ 13-9-1 — 13-9-7) › Section 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 assisting entering into such contracts

(a)
Any contract of sale for future delivery of cotton, grain, stocks, or other commodities shall be null and void and unenforceable in any court by any party thereto where it is not the bona fide intention of a party to the contract that the cotton, grain, stocks, or other commodities mentioned therein are to be delivered, but that the contract be settled according to or upon the basis of the public market quotations or prices made on any board of trade, exchange, or other similar institution, without any actual bona fide execution and the carrying out of such contract upon the floor of such exchange, board of trade, or similar institution, in accordance with the rules thereof.
(b)
Any person, either as agent or principal, who enters into or assists in making a contract of sale for the future delivery of cotton, grain, stocks, or other commodities of the nature provided for in subsection (a) of this Code section shall be guilty of a felony and, upon conviction, shall be imprisoned for a period not exceeding two years.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 9 - CONTRACTS FOR FUTURE DELIVERY OF COTTON, GRAIN, ETC (§§ 13-9-1 — 13-9-7) › Section 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 whom such person has executed any contract for future delivery of any cotton, grain, stocks, or other commodities, a written instrument setting forth the name and location of the exchange, board of trade, or similar institution upon which such contract has been executed, the date of the execution of the contract, and the name and address of the person with whom such contract was executed; and if such person shall refuse or neglect to furnish such statement upon reasonable demand, such refusal or neglect shall be prima-facie evidence that such contract was an illegal contract within the provisions of Code Section
13-9-3
and that the person who executed it was engaged in the maintenance and operation of a bucket shop within the provisions of Code Section
13-9-6
.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 9 - CONTRACTS FOR FUTURE DELIVERY OF COTTON, GRAIN, ETC (§§ 13-9-1 — 13-9-7) › Section 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 be known as cotton exchanges, boards of trade, or similar institutions, to receive and post quotations on cotton, grain, stocks, or other commodities for the benefit of the members or other persons engaged in the production of cotton, grain, stocks, or other commodities. Such associations shall adopt a uniform set of rules and regulations not incompatible with the laws of this state and of the United States. Such associations shall open their books to inspection by all proper courts and officers when required to do so.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 9 - CONTRACTS FOR FUTURE DELIVERY OF COTTON, GRAIN, ETC (§§ 13-9-1 — 13-9-7) › Section 13-9-6 - Maintenance or operation of bucket shop

(a)
As used in this Code section, the term "bucket shop" means any place of business in which contracts of the nature provided for in Code Section
13-9-3
are made.
(b)
The maintenance or operation of a bucket shop is prohibited.
(c)
Any person, either as agent or principal, who maintains or operates a bucket shop shall be guilty of a felony and, upon conviction, shall be imprisoned for a period not exceeding two years.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 9 - CONTRACTS FOR FUTURE DELIVERY OF COTTON, GRAIN, ETC (§§ 13-9-1 — 13-9-7) › Section 13-9-7 - Effect of conflict between provisions of chapter and Uniform Commercial Code

In the event of a conflict between this chapter and Title 11, the "Uniform Commercial Code," the Uniform Commercial Code shall control.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 10 - CONTRACTS FOR PUBLIC WORKS (§§ 13-10-1 — 13-10-91) › Article 1 - GENERAL PROVISIONS (§§ 13-10-1 — 13-10-70) › Part 1 - GENERAL PROVISIONS (§§ 13-10-1 — 13-10-4) › Section 13-10-1 - "State" defined

As used in this article, the term "state" means the state of Georgia, any agency of the state, and any state authority.
Added by 2001 Ga. Laws 261, § 1, eff. 7/1/2001.
Amended by 2001 Ga. Laws 2, § 13, eff. 2/12/2001.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 10 - CONTRACTS FOR PUBLIC WORKS (§§ 13-10-1 — 13-10-91) › Article 1 - GENERAL PROVISIONS (§§ 13-10-1 — 13-10-70) › Part 1 - GENERAL PROVISIONS (§§ 13-10-1 — 13-10-4) › Section 13-10-2 - Approval of bond; strengthening of bond

(a)
(1)
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.
(2)
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.
(b)
Whenever, in the judgment of the obligee:
(1)
Any surety on a bid, performance, or payment bond has become insolvent;
(2)
Any corporate surety is no longer certified or approved by the Commissioner of Insurance to do business in the state; or
(3)
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.
Added by 2001 Ga. Laws 261, § 1, eff. 7/1/2001.
Former § 13-10-2 was renumbered as § 13-10-80 by 2001 Ga. Laws 261, § 1, eff. 7/1/2001. .
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 10 - CONTRACTS FOR PUBLIC WORKS (§§ 13-10-1 — 13-10-91) › Article 1 - GENERAL PROVISIONS (§§ 13-10-1 — 13-10-70) › Part 1 - GENERAL PROVISIONS (§§ 13-10-1 — 13-10-4) › Section 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:
(1)
A lack of previous experience with a job of the size for which the bid or proposal is being sought if:
(A)
The bid or proposal is not more than 30 percent greater in scope or cost from the bidder's previous experience in jobs;
(B)
The bidder has experience in performing the work for which bids or proposals are sought; and
(C)
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
(2)
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.
Amended by 2018 Ga. Laws 389,§ 1, eff. 5/3/2018.
Added by 2013 Ga. Laws 30,§ 1, eff. 4/24/2013.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 10 - CONTRACTS FOR PUBLIC WORKS (§§ 13-10-1 — 13-10-91) › Article 1 - GENERAL PROVISIONS (§§ 13-10-1 — 13-10-70) › Part 2 - BID BONDS (§§ 13-10-20 — 13-10-24) › Section 13-10-20 - Large public works contracts; requirements for bid bonds; withdrawal of bid

(a)
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.
(b)
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.
(c)
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.
(d)
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.
(e)
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.
Amended by 2013 Ga. Laws 194,§ 2, eff. 5/6/2013.
Added by 2001 Ga. Laws 261, § 1, eff. 7/1/2001.
Former § 13-10-20 was renumbered as § 13-10-81 by 2001 Ga. Laws 261, § 1, eff. 7/1/2001. .
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 10 - CONTRACTS FOR PUBLIC WORKS (§§ 13-10-1 — 13-10-91) › Article 1 - GENERAL PROVISIONS (§§ 13-10-1 — 13-10-70) › Part 2 - BID BONDS (§§ 13-10-20 — 13-10-24) › Section 13-10-21 - Alternatives to bid bond

(a)
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.
(b)
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
.
Added by 2001 Ga. Laws 261, § 1, eff. 7/1/2001.
Former § 13-10-21 was renumbered as § 13-10-82 by 2001 Ga. Laws 261, § 1, eff. 7/1/2001. .
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 10 - CONTRACTS FOR PUBLIC WORKS (§§ 13-10-1 — 13-10-91) › Article 1 - GENERAL PROVISIONS (§§ 13-10-1 — 13-10-70) › Part 2 - BID BONDS (§§ 13-10-20 — 13-10-24) › Section 13-10-22 - "Bid" and "bidder" defined; appreciable errors in calculation of bids; withdrawing bids

(a)
As used in this Code section, the term "bid" shall include proposals and the term "bidder" shall include offerors.
(b)
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:
(1)
Such error in the calculation of his or her bid can be documented by clear and convincing written evidence;
(2)
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;
(3)
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;
(4)
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
(5)
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.
(c)
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.
(d)
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.
Added by 2001 Ga. Laws 261, § 1, eff. 7/1/2001.
Former § 13-10-22 was renumbered as § 13-10-83 by 2001 Ga. Laws 261, § 1, eff. 7/1/2001. .
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 10 - CONTRACTS FOR PUBLIC WORKS (§§ 13-10-1 — 13-10-91) › Article 1 - GENERAL PROVISIONS (§§ 13-10-1 — 13-10-70) › Part 2 - BID BONDS (§§ 13-10-20 — 13-10-24) › Section 13-10-23 - Affiliated corporations

(a)
As used in this Code section, the term:
(1)
"Affiliated corporation" means, with respect to any corporation, any other corporation related thereto:
(A)
As a parent corporation;
(B)
As a subsidiary corporation;
(C)
As a sister corporation;
(D)
By common ownership or control; or
(E)
By control of one corporation by the other.
(2)
The term "bid" shall include proposals.
(b)
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.
Added by 2001 Ga. Laws 261, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 10 - CONTRACTS FOR PUBLIC WORKS (§§ 13-10-1 — 13-10-91) › Article 1 - GENERAL PROVISIONS (§§ 13-10-1 — 13-10-70) › Part 2 - BID BONDS (§§ 13-10-20 — 13-10-24) › Section 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.
Added by 2001 Ga. Laws 261, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 10 - CONTRACTS FOR PUBLIC WORKS (§§ 13-10-1 — 13-10-91) › Article 1 - GENERAL PROVISIONS (§§ 13-10-1 — 13-10-70) › Part 3 - PERFORMANCE BONDS (§§ 13-10-40 — 13-10-43) › Section 13-10-40 - 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.
Added by 2001 Ga. Laws 261, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 10 - CONTRACTS FOR PUBLIC WORKS (§§ 13-10-1 — 13-10-91) › Article 1 - GENERAL PROVISIONS (§§ 13-10-1 — 13-10-70) › Part 3 - PERFORMANCE BONDS (§§ 13-10-40 — 13-10-43) › Section 13-10-41 - 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.
Added by 2001 Ga. Laws 261, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 10 - CONTRACTS FOR PUBLIC WORKS (§§ 13-10-1 — 13-10-91) › Article 1 - GENERAL PROVISIONS (§§ 13-10-1 — 13-10-70) › Part 3 - PERFORMANCE BONDS (§§ 13-10-40 — 13-10-43) › Section 13-10-42 - 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.
Added by 2001 Ga. Laws 261, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 10 - CONTRACTS FOR PUBLIC WORKS (§§ 13-10-1 — 13-10-91) › Article 1 - GENERAL PROVISIONS (§§ 13-10-1 — 13-10-70) › Part 3 - PERFORMANCE BONDS (§§ 13-10-40 — 13-10-43) › Section 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
.
Added by 2021 Ga. Laws 215,§ 1-1, eff. 5/4/2021.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 10 - CONTRACTS FOR PUBLIC WORKS (§§ 13-10-1 — 13-10-91) › Article 1 - GENERAL PROVISIONS (§§ 13-10-1 — 13-10-70) › Part 4 - PAYMENT BONDS (§§ 13-10-60 — 13-10-66) › Section 13-10-60 - 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.
Added by 2001 Ga. Laws 261, § 1, eff. 7/1/2001.
2023 CODE OF GEORGIA › Title 13 - CONTRACTS (§§ 13-1-1 — 13-12-5) › Chapter 10 - CONTRACTS FOR PUBLIC WORKS (§§ 13-10-1 — 13-10-91) › Article 1 - GENERAL PROVISIONS (§§ 13-10-1 — 13-10-70) › Part 4 - PAYMENT BONDS (§§ 13-10-60 — 13-10-66) › Section 13-10-61 - 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.
Added by 2001 Ga. Laws 261, § 1, eff. 7/1/2001.