Section 32-4-71. Failure to take bonds; liability of county

   (a) If the payment bond required by paragraph (2) of Code Section 32-4-69 is not taken, the county shall be liable to subcontractors, laborers, materialmen, and other persons, as provided in Part 4 of Article 3 of Chapter 91 of Title 36, for losses to them resulting from failure to take such bond.

(b) If the condition of bridge repair authorized by Code Section 32-4-70 to be added to the performance bond is not taken, the contracting county or counties shall be primarily liable for all injuries caused by reason of any defective bridge for damages occurring within seven years of the contractor's work on the bridge and its acceptance by the county or counties, provided that the county shall be discharged from all liability upon the inclusion in the performance bond of the aforesaid bridge repair condition.

(c) Nothing in this Code section shall be construed so as to impose personal liability on the county governing authority.

Laws 1888, Cobb's 1851 Digest, p. 39; Code 1863, § 669; Code 1868, § 731; Code 1873, § 691; Code 1882, § 691; Civil Code 1895, § 603; Civil Code 1910, § 748; Code 1933, § 95-1001; Code 1933, § 95A-827, enacted by Ga. L. 1973, p. 947, § 1; Ga. L. 2000, p. 498, § 12; Ga. L. 2001, p. 820, § 5.