§ 13-11-4. Time Limits for Payments to Contractors and Subcontractors
When a contractor has performed in accordance with the provisions of a contract, the owner shall pay the contractor within 15 days of receipt by the owner or the owner’s representative of any payment request based upon work completed or service provided under the contract. When a subcontractor has performed in accordance with the provisions […]
§ 13-11-5. Grounds for Withholding Payments
Nothing in this chapter shall prevent the owner from withholding payment to its contractor because of the following: unsatisfactory job progress; defective construction which has not been remedied; disputed work; third-party claims filed or reasonable evidence that a claim will be filed; failure of the contractor or its subcontractor to make timely payments for labor, […]
§ 13-11-6. Conditions Authorizing Payments to Subcontractors
The contractor shall, within ten days from the contractor’s receipt of retainage from the owner, pass through payments to subcontractors and shall reduce each subcontractor’s retainage in the same manner as the contractor’s retainage is reduced by the owner, provided that the value of the subcontractor’s work complete and in place equals 50 percent of […]
§ 13-11-7. Interest on Late Payments
Except as provided in Code Section 13-11-5, if a periodic or final payment to a contractor is delayed by more than 15 days or if a periodic or final payment to a subcontractor is delayed more than ten days after receipt of periodic or final payment by the contractor or subcontractor, the owner, contractor, or […]
§ 13-11-8. Attorneys’ Fees
In any action to enforce a claim under this chapter, the prevailing party is entitled to recover a reasonable fee for the services of its attorney including but not limited to trial and appeal and arbitration, in an amount to be determined by the court or the arbitrators, as the case may be. History. Code […]
§ 13-11-9. Nonexclusive Remedies
Neither the right to recover interest on a payment nor the right to recover attorneys’ fees under this chapter are exclusive remedies. This chapter does not modify the remedies available to any person under the terms of a contract or by another statute. History. Code 1981, § 13-11-9 , enacted by Ga. L. 1994, p. […]
§ 13-11-10. Improvements Excepted From Chapter
The provisions of this chapter do not apply to improvements to real property intended for residential purposes which consist of 12 or fewer residential units. History. Code 1981, § 13-11-10 , enacted by Ga. L. 1994, p. 1398, § 1.
§ 13-11-11. Applicability of Chapter
The provisions of this chapter do not apply to contracts or subcontracts entered into prior to January 1, 1995. History. Code 1981, § 13-11-11 , enacted by Ga. L. 1994, p. 1398, § 1.
§ 13-12-1. Definitions
As used in this chapter, the term: “Automatic renewal provision” means a provision under which a service contract is renewed for a specified period of more than one month if the renewal causes the service contract to be in effect more than six months after the day of the initiation of the service contract. Such […]
§ 13-12-2. Disclosure to Consumer of Automatic Renewal Provision in Contract or Contract Offer
Any seller that sells, leases, or offers to sell or lease any service to a consumer pursuant to a service contract that has an automatic renewal provision shall disclose the automatic renewal provision clearly and conspicuously in the contract or contract offer. History. Code 1981, § 13-12-2 , enacted by Ga. L. 2013, p. 1046, […]