Title 13 — Contracts

Any contract or franchise agreement or part thereof or practice thereunder in violation of any provision of this article shall be deemed against public policy and shall be void and unenforceable. (Code 1981, § 13-8-41, enacted by Ga. L. 1993, p. 1585, § 4.) 13-8-42. Repurchase of…

As used in this chapter, the term: (1) ‘‘Contract for sale’’ means sales, purchases, agreements of sale, agreements to sell, and agreements to purchase; and 594 13-9-2 (2) ‘‘Person’’ means individuals, associations, partnerships, and corporations. (Ga. L. 1929, p. 245, § 1; Code …

Requirements for valid and enforceable contracts of sale for future delivery of cotton, grain, stocks, and other items, generally; future delivery contracts where actual delivery of commodities bought or sold not contemplated declared unlawful. Contracts of sale for future delive…

(a) As used in this Code section, the term ‘‘bucket shop’’ means any place of business in which contracts of the nature provided for in Code Section 13-9-3 are made. (b) The maintenance or operation of a bucket shop is prohibited. (c) Any person, either as agent or principal, who…

United Elec. Co., 202 Ga. App. 239, 414 S.E.2d 251 (1991) (decided under former O.C.G.A. § 13-10-1 prior to its 2001 amendment). County had a duty to require a contractor to procure a payment bond which was not procured; thus, a subcontractor had a right to sue the county for mat…

(a)(1) Any bid bond, performance bond, payment bond, or security deposit required for a state public works construction contract shall be approved and filed with the treasurer or the person performing the duties usually performed by a treasurer of the obligee named in such bond. …

(a) Bid bonds shall be required for all state public works construction contracts with estimated bids or proposals over $100,000.00; provided, however, that the state or any public board or body of the state may require a bid bond for projects with estimated bids or proposals of …

(a) In lieu of the bid bond provided for in Code Section 13-10-20, the state may accept a cashier’s check, certified check, or cash in the amount of not less than 5 percent of the total amount payable by the terms of the contract payable to and for the protection of the state. (b…

(a) As used in this Code section, the term: (1) ‘‘Affiliated corporation’’ means, with respect to any corporation, any other corporation related thereto: (A) As a parent corporation; (B) As a subsidiary corporation; 609 13-10-40 (C) As a sister corporation; (D) By common ownershi…

Alternatives to bid bond. ‘‘Bid’’ and ‘‘bidder’’ defined; appreciable errors in calculation of bids; withdrawing bids. Affiliated corporations. Maintenance of action on bid bond by obligee. Part 3 Performance Bonds 13-10-40. 13-10-41. 13-10-42. Part 4 13-10-81. 13-10-83. Definiti…

When the amount of the performance bond required under this article does not exceed $300,000.00, the state may, in its sole discretion, accept an irrevocable letter of credit by a bank or savings and loan association, as defined in Code Section 7-1-4, in the amount of and in lieu…

The obligee in any performance bond required to be given in accordance with this article shall be entitled to maintain an action thereon at any time upon any breach of such bond; provided, however, no action can be instituted on the bonds or security deposits after one year from …

Except as otherwise provided in Title 32, payment bonds shall be required for all state public works construction contracts with an estimated contract amount greater than $100,000.00; provided, however, that the state may require a payment bond for public works construction contr…

If a payment bond or security deposit is not taken in the manner and form required in this article, the corporation or body for which work is done under the contract shall be liable to all subcontractors and to all persons supplying labor, materials, machinery, or equipment to th…

(a) The contractor furnishing the payment bond or security deposit shall post on the public works construction site and file with the clerk of the superior court in the county in which the site is located a notice of commencement no later than 15 days after the contractor physica…

No action can be instituted on the payment bonds or security deposits after one year from the completion of the contract and the acceptance of the public works construction by the proper public authorities. Every action instituted under this article shall be brought in the name o…

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. (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.) ARTICLE 3 SECURI…

As used in this article, the term: (1) ‘‘Commissioner’’ means the Commissioner of the Georgia Department of Labor. (2) ‘‘Federal work authorization program’’ means any of the electronic verification of work authorization programs operated by the United States Department of Homela…

This chapter shall be known and may be cited as the ‘‘Georgia Prompt Pay Act.’’ (Code 1981, § 13-11-1, enacted by Ga. L. 1994, p. 1398, § 1.)

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. (Code 1981, § 13-11-10, enacted by Ga. L. 1994, p. 1398, § 1.)

Interest on late payments. Attorneys’ fees. Nonexclusive remedies. Improvements excepted from chapter. Applicability of chapter. repeal or affect the applicability of Code Section 7-4-16. 13-11-1. Short title.

As used in this chapter, the term: (1) ‘‘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. (2) ‘‘Improve’’ means to build, effect, alter, repair, or demo…

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. (Code 1981, § 13-…

(a) 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. (b…

(a) 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 wi…

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 val…

(a) 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 subcon…

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 …

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. (Code 1981, § 13-11-9, ena…