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DeKALB COUNTY v. J & A PIPELINE

S93G1064.

263 Ga. 645 (1993)

437 S.E.2d 327

DeKALB COUNTY v. J & A PIPELINE COMPANY, INC.

Supreme Court of Georgia.

Reconsideration Denied December 16, 1993.

Attorney(s) appearing for the Case

Robert H. Walling, Patrick F. Henry, Jr., Jonathan A. Weintraub, for appellant.

James B. Ritchie, Christopher J. McFadden, for appellee.

Steven H. Ballard, Bryant, Davis & Cowden, Larry S. Bryant, Cynthia L. Weese, Shapiro, Fussell, Wedge & Smotherman, Michael P. Davis, Daniel M. Jennings, George E. Powell, Jr., Gleaton, Scofield, Egan & Jones, M. Michael Egan, Jr., McReynolds & Welch, J. Michael Welch, amici curiae.

CARLEY, Justice.

Appellant-defendant DeKalb County undertook a public works project and the general contractor with whom appellant contracted secured a payment bond in ostensible compliance with OCGA §§ 13-10-1 (b) (2) (A) and 36-82-101. The surety on the payment bond was not authorized to do business in this state. Accordingly, the surety executed an affidavit in ostensible compliance with OCGA § 36-82-102. The payment bond and affidavit were then...

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