Georgia. Statutory Language

Georgia Statute 12-23

GEORGIA STATUTE

GA. CONST. art. III, § 6, ¶ 5(c)

(1) The General Assembly shall not have the power to authorize any contract or

agreement which may have the effect of or which is intended to have the effect of

defeating or lessening competition, or encouraging a monopoly, which are hereby

declared to be unlawful and void.

PROVISIONS IN THE GEORGIA CODE

§ 13-8-2. Contracts contravening public policy generally

(a) A contract that is against the policy of the law cannot be enforced. Contracts

deemed contrary to public policy include but are not limited to:

(1) Contracts tending to corrupt legislation or the judiciary;

(2) Contracts in general restraint of trade, as distinguished from contracts

which restrict certain competitive activities, as provided in Article 4 of this chapter;

(3) Contracts to evade or oppose the revenue laws of another country;

(4) Wagering contracts; or

(5) Contracts of maintenance or champerty.

(b) A covenant, promise, agreement, or understanding in or in connection with or

collateral to a contract or agreement relative to the construction, alteration, repair, or

maintenance of a building structure, appurtenances, and appliances, including moving,

demolition, and excavating connected therewith, purporting to require that one party to

such contract or agreement shall indemnify, hold harmless, insure, or defend the other

party to the contract or other named indemnitee, including its, his, or her officers,

agents, or employees, against liability or claims for damages, losses, or expenses,

including attorney fees, arising out of bodily injury to persons, death, or damage to

property caused by or resulting from the sole negligence of the indemnitee, or its, his, or

her officers, agents, or employees, is against public policy and void and unenforceable.

This subsection shall not affect any obligation under workers’ compensation or

coverage or insurance specifically relating to workers’ compensation, nor shall this

subsection apply to any requirement that one party to the contract purchase a project

specific insurance policy, including an owner’s or contractor’s protective insurance,

builder’s risk insurance, installation coverage, project management protective liability

insurance, an owner controlled insurance policy, or a contractor controlled insurance

policy.

§ 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