§ 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 […]
§ 13-10-66. Acceptance of Electronic Signatures and Seals
Public procurement officers shall accept electronic signatures and electronic corporate seals on bonds issued pursuant to this part so long as such signatures and seals comply with the provisions of Chapter 12 of Title 10 and Code Section 33-24-14. History. Code 1981, § 13-10-66 , enacted by Ga. L. 2021, p. 459, § 1-2/SB 169. […]
§ 13-10-70. Liquidated Damages for Late Completion and Incentives for Early Completion
Public works construction contracts may include both liquidated damages provisions for late construction project completion and incentive provisions for early construction project completion when the project schedule is deemed to have value. The terms of the liquidated damages provisions and the incentive provisions shall be established in advance as a part of the construction contract […]
§ 13-10-80. Definitions; Contract Requirements; Application; Effect of Greater Benefits Contracted For; Evidence of Indebtedness Paid
As used in this Code section, the term: “Contractor” means a person having a direct contract with the owner. “Lower tier subcontractor” means a person other than a contractor having a direct contract with a subcontractor. “Owner” means the state, any county, municipal corporation, authority, board of education, or other public board, public body, department, […]
§ 13-10-81. Authorization and Procedure for Retention of Contractual Payments by State or Political Subdivisions; Procedure for Final Payment
Any department, agency, or instrumentality of the state or any political subdivision of the state is authorized to insert in the specifications of all contracts relating to the installation, extension, improvement, maintenance, or repair of any water or sewer facility a clause providing for the retention of amounts not exceeding 5 percent of the gross […]
§ 13-10-82. Authorization and Procedure for Creation and Maintenance of Escrow Accounts by State or Political Subdivisions
In lieu of the retained amounts provided for in Code Section 13-10-81, any department, agency, or instrumentality of the state or any political subdivision of the state is authorized to insert a clause in the specifications of all contracts provided for in Code Section 13-10-81, providing for an alternate procedure for the maintenance of an […]
§ 13-10-83. Construction of Provisions of Article
Nothing in this article shall be construed or deemed to affect any contract covered by the provisions of Code Sections 32-2-75 through 32-2-77. History. Ga. L. 1975, p. 1045, § 4; Code 1981, § 13-10-22 ; Code 1981, § 13-10-83 , as redesignated by Ga. L. 2001, p. 820, § 1.