O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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, p. 1398, § 1.)
Annotations
JUDICIAL DECISIONS
Subcontractor not entitled to payment. - 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).
Notes of Decisions
Pioneer Constr., Inc. v. May (In re May), 518 B.R. 99 (Bankr. S.D. Ga. 2014).
· cites it 2× “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.”
W. Sur. Co. v. Dep't of Transp., 757 S.E.2d 272 (Ga. Ct. App. 2014).
· cites it 2× “Under OCGA § 13-11-3, a contractor’s performance under a contract and satisfaction of the conditions precedent to payment “entitles such person to payment from the party with whom he or she contracts.” OCGA § 13-11-4 (a) provides: “When a contractor has performed in accordance…”
Foster & Co. Gen. Contractors v. House HVAC/Mech., Inc., 627 S.E.2d 188 (Ga. Ct. App. 2006).
· cites it 2× “*598 OCGA § 13-11-3 provides that “[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…”
QC Constr. LLC v. Cypress Contracting & Dev. Corp, No. 5:22-cv-00092 (M.D. Ga. Nov. 2, 2023).
· cites it 5× “” Section 13-11-3 of the Georgia Prompt Payment Act provides that “[p]erformance 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…”
W. Sur. Co. v. State of Georgia Dep't of Transp., No. A13A2157 (Ga. Ct. App. Mar. 28, 2014).
· cites it 2× “33 Under OCGA § 13-11-3, a contractor’s performance under a contract and satisfaction of the conditions precedent to payment “entitles such person to payment from the party with whom he or she contracts.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.