---
title: O.C.G.A. § 11-2-609. Right to adequate assurance of performance.
collection: code
id: 11-2-609
cite_as: O.C.G.A. § 11-2-609 (2025)
canonical_url: https://georgiacommons.org/code/11-2-609
md_url: https://georgiacommons.org/code/11-2-609.md
text_url: https://georgiacommons.org/code/11-2-609/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t11-(v9)-2022-pdf.pdf?sfvrsn=b5451bbd_0#page=215
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/11-2.md
previous: https://georgiacommons.org/code/11-2-608.md
next: https://georgiacommons.org/code/11-2-610.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: COMMERCIAL CODE / SALES / BREACH, REPUDIATION, AND EXCUSE
---

# O.C.G.A. § 11-2-609. Right to adequate assurance of performance.

(1) A contract for sale imposes an obligation on each party that the other’s expectation of receiving due performance will not be impaired. When reasonable grounds for insecurity arise with respect to the performance of either party the other may in writing demand adequate assurance of due performance and until he receives such assurance may if commercially reasonable suspend any performance for which he has not already received the agreed return.

(2) Between merchants the reasonableness of grounds for insecurity and the adequacy of any assurance offered shall be determined according to commercial standards.

(3) Acceptance of any improper delivery or payment does not prejudice the aggrieved party’s right to demand adequate assurance of future performance.

(4) After receipt of a justified demand failure to provide within a reasonable time not exceeding 30 days such assurance of due performance as is adequate under the circumstances of the particular case is a repudiation of the contract.

## History

Code 1933, § 109A-2-609, enacted by Ga. L. 1962, p. 156, § 1.

## Law Reviews

For article discussing applicability of right to adequate assurance of performance provision of Uniform Commercial Code to construction contracts, see 28 Emory L.J. 335 (1979).

For article, “Contract Litigation and the Elite Bar in New York City, 1960-1980,” see 39 Emory L.J. 413 (1990).