Publication Date
3-2009
Document Type
Article
Abstract
The recent ills of the construction industry have resulted in bonds being required in record numbers on both public and private projects. Typically in a construction project on which a surety bond is required or demanded, the contractor will provide both a performance and a payment bond. This Article focuses exclusively on the performance bond and the claims and defenses related to that bond. This Article also offers practical advice to the general practitioner navigating a performance bond claim or raising defenses to a performance bond claim.
The use of performance bonds dates to the beginning of the construction industry. While not referred to as performance bonds, in ancient times bondsmen would secure real estate to ensure the performance of a contractor. Despite their long history, however, performance bonds are often misunderstood and confused with liability insurance. Given the ever increasing complexity of the construction industry and the confusing caselaw created when courts attempt to apply insurance principles to performance bond claims (or refer to performance bond and payment bond claims interchangeably), the general practitioner can easily become confused when asserting or defending performance bond claims. This primer on performance bond claims in Georgia is offered as a road map for navigating such claims.
Recommended Citation
Kniffen, Cheryl S.
(2009)
"A Georgia Practitioner's Guide to Construction Performance Bond Claims,"
Mercer Law Review: Vol. 60:
No.
2, Article 2.
Available at:
https://digitalcommons.law.mercer.edu/jour_mlr/vol60/iss2/2