This chapter shall be known and may be cited as the “Georgia Prompt Pay Act.” History. Code 1981, § 13-11-1 , enacted by Ga. L. 1994, p. 1398, § 1. Law reviews. For annual survey of construction law, see 56 Mercer L. Rev. 109 (2004). For annual survey on admiralty, see 62 Mercer L. Rev. […]
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.
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.
As used in this chapter, the term: “Contractor” means a person who contracts with an owner to improve real property, to perform construction services, or to perform construction management services for an owner. “Improve” means to build, effect, alter, repair, or demolish any improvement upon, connected with, or on or beneath the surface of any […]
Performance by a contractor or subcontractor in accordance with the provisions of his or her contract and the satisfaction of the conditions of his or her contract precedent to payment entitles such person to payment from the party with whom he or she contracts. History. Code 1981, § 13-11-3 , enacted by Ga. L. 1994, […]
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 […]
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, […]
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 […]
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 […]
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 […]
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. […]
