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Call Now: 904-383-7448Performance 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, §13-11-3, enacted by Ga. L. 1994, p. 1398, § 1.)
- Trial court erred in granting summary judgment to a subcontractor in the subcontractor's breach of contract action against a general contractor and the contractor's surety, arising from the parties' work on a construction project, as the court interpreted the terms of the parties' contract pursuant to O.C.G.A. § 13-2-1 to mean that the general contractor was entitled to withhold final payment to the subcontractor pursuant to O.C.G.A. § 13-11-3 when the suppliers' bills were not paid, and the general contractor was also entitled to offset that final payment by amounts owed to the suppliers, as the risk of loss was on the subcontractor. Foster & Co. Gen. Contrs., Inc. v. House HVAC/Mechanical, Inc., 277 Ga. App. 595, 627 S.E.2d 188 (2006).
Cited in Western Sur. Co. v. DOT, 326 Ga. App. 671, 757 S.E.2d 272 (2014).
Total Results: 9
Court: Supreme Court of Georgia | Date Filed: 2013-11-04
Citation: 294 Ga. 20, 751 S.E.2d 57, 2013 Fulton County D. Rep. 3342, 2013 WL 5878141, 2013 Ga. LEXIS 885
Snippet: Relying on the voluntary payment doctrine of OCGA § 13-1-13,2 the Court of Appeals affirmed the decision of
Court: Supreme Court of Georgia | Date Filed: 2010-06-28
Citation: 697 S.E.2d 166, 287 Ga. 448, 2010 Fulton County D. Rep. 2051, 2010 Ga. LEXIS 478
Snippet: the voluntary payment statute, [OCGA] section 13-1-13, bar contract recovery for notarial fees paid in
Court: Supreme Court of Georgia | Date Filed: 2010-03-15
Citation: 691 S.E.2d 203, 286 Ga. 709, 2010 Fulton County D. Rep. 712, 2010 Ga. LEXIS 223
Snippet: the rule prescribed in this Code section. OCGA § 13-1-13. Appellant argues that in reversing the trial court’s
Court: Supreme Court of Georgia | Date Filed: 1997-09-22
Citation: 268 Ga. 547, 491 S.E.2d 785, 97 Fulton County D. Rep. 3505, 1997 Ga. LEXIS 609
Snippet: 201 Ga. 770, 777 (41 SE2d 229) (1947); OCGA § 13-1-13. Therefore, by allowing the Bank to be reimbursed
Court: Supreme Court of Georgia | Date Filed: 1997-09-15
Citation: 489 S.E.2d 820, 268 Ga. 362
Snippet: action for money had and received under OCGA § 13-1-13. That Code section provides that a payment made
Court: Supreme Court of Georgia | Date Filed: 1996-04-08
Citation: 469 S.E.2d 22, 266 Ga. 657
Snippet: are, as a general rule, not recoverable. OCGA § 13-1-13. Moreover, the City's contractual payments were
Court: Supreme Court of Georgia | Date Filed: 1986-10-22
Citation: 349 S.E.2d 368, 256 Ga. 400, 1986 Ga. LEXIS 865
Snippet: therefore OCGA § 13-1-13 dictated the grant of summary judgment to the defendant. "OCGA § 13-1-13 provides the
Court: Supreme Court of Georgia | Date Filed: 1985-04-30
Citation: 254 Ga. 293, 329 S.E.2d 145, 1985 Ga. LEXIS 686
Snippet: his payment of premiums on the policy. OCGA § 13-1-13; Ameagle Contractors, Inc. v. Virginia Supply &c
Court: Supreme Court of Georgia | Date Filed: 1983-03-08
Citation: 250 Ga. 741, 300 S.E.2d 513, 1983 Ga. LEXIS 611
Snippet: were made under a mistake of law. See OCGA §§ 13-1-13 and 23-2-27 (Code Ann. §§ 20-1007, 37-209). We