GA Code § 13-11-8 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 11 - Prompt Payment|§ 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.    (Code 1981, §13-11-8, enacted by Ga. L. 1994, p. 1398, § 1.)   Law reviews.   - For annual survey of construction law, see 56 Mercer L. Rev. 109 (2004).   JUDICIAL DECISIONS   Evidence supported award.    - An award of attorney fees entered against a home builder, pursuant to both O.C.G.A. §§ 13-6-11 and13-11-8, was upheld on appeal because an award pursuant to the latter statute did not require a finding of bad faith, and evidence of the home builder's stubborn litigiousness and the unnecessary trouble and expense the home builder caused the two contractors supported an award under the former statute. Hampshire Homes, Inc. v. Espinosa Constr. Servs., 288 Ga. App. 718, 655 S.E.2d 316 (2007).   Award of attorney's fees properly denied since contract related to single residence.    - Trial court properly denied attorney fees to a contractor in a breach of contract suit brought under the Georgia Prompt Pay Act, O.C.G.A. § 13-11-1 et seq., against a homeowner for the failure of the homeowner to pay for the installation of a wrought iron fence as O.C.G.A. § 13-11-10 specifically provided that the Act did not apply to contracts involving single family residences and no evidence to support a bad faith litigation award was made. Since § 13-11-10 specifically provided that the Act did not apply, there was no other statutory basis under the Act to support the contractor's claim for attorney fees. Pipe Solutions, Inc. v. Inglis, 291 Ga. App. 328, 661 S.E.2d 683 (2008).   Award of attorney's fees properly denied in a maritime contract case.    - American rule barring the shifting of attorneys' fees was a feature of maritime law and O.C.G.A. § 13-11-8 of the Georgia Prompt Payment Act (GPPA), O.C.G.A. § 13-11-1 et seq., was in direct conflict with that principle; thus, defendant subcontractor, a prevailing party in a suit involving a maritime contract (a dredging contract), was not entitled to fees. Further, a clearly established exception existed wherein the subcontractor was free to contract for the indemnification of attorneys' fees but chose not to include such a provision in the contract. Misener Marine Constr., Inc. v. Norfolk Dredging Co., 594 F.3d 832 (11th Cir. 2010).   Award of fees to contractor appropriate.    - Given that an owner had an interest in the real property where the contractor performed the improvements and that the owner ordered the improvements to be made, the contractor was a "contractor" under the Prompt Pay Act, O.C.G.A. § 13-11-2 and entitled to attorney's fees and postjudgment interest against the owner under O.C.G.A. § 13-11-8. No showing of bad faith was required. Elec. Works CMA, Inc. v. Baldwin Tech. Fabrics, LLC, 306 Ga. App. 705, 703 S.E.2d 124 (2010).   Award of fees improper when no late payment.    - Trial court did not err by granting summary judgment to the Georgia Department of Transportation as to the sureties' claim for interest and attorney fees because the sureties were not the prevailing party and the record showed that no payment was made late entitling it to interest on any late payment. Western Sur. Co. v. DOT, 326 Ga. App. 671, 757 S.E.2d 272 (2014).   Award of attorney's fees improper.    - Denial of the city's motion for summary judgment as to the contractor's claim for attorney fees under the Georgia Prompt Payment Act, O.C.G.A. §§ 13-11-4,13-11-7(a), and13-11-8, was affirmed because the parties' agreement did not address attorney fees and did not bar any valid claim for attorney fees under the Georgia Prompt Payment Act, O.C.G.A. § 13-11-1 et seq. City of Atlanta v. Hogan Constr. Group, LLC, 341 Ga. App. 620, 801 S.E.2d 606 (2017).