reglab/housing_qa huggingface dataset:
GA Code § 13-11-2 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 11 - Prompt Payment|§ 13-11-2. Definitions

 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 real property or to excavate, clear, grade, fill, or landscape any real property or to construct driveways and private roadways or to furnish materials, including trees and shrubbery, for any of such purposes or to perform any labor upon such improvements.   "Improvement" means all or any part of any building, structure, erection, alteration, demolition, excavation, clearing, grading, filling, or landscaping, including trees and shrubbery, driveways, and roadways, on real property.   "Owner" means a person who has an interest in the real property improved and for whom an improvement is made and who ordered the improvement to be made."Owner" includes private persons and entities and state, local, or municipal government agencies, instrumentalities, or entities; provided, however, that the provisions of this chapter shall not apply when the owner is a county having a population of less than 10,000 according to the United States decennial census of 1990 or any such future census or when the owner is a municipality having a population of less than 2,500 according to the United States decennial census of 1990 or any such future census.   "Owner's representative" means the architect or engineer in charge of the project for the owner or such other contract representative or officer as designated in the contract documents as the party representing the owner's interest regarding administration and oversight of the project.   "Real property" means the real estate that is improved, including lands, leaseholds, tenements, and improvements placed on the real property.   "Receipt" means actual receipt of cash or funds in the contractor's or subcontractor's bank account.   "Subcontractor" means any person who has contracted to furnish labor or materials to, or has performed labor or supplied materials for, a contractor or another subcontractor in connection with a contract to improve real property.For purposes of this chapter, the term "subcontractor" shall also include materialmen as defined in Code Section 44-14-360.     (Code 1981, §13-11-2, enacted by Ga. L. 1994, p. 1398, § 1; Ga. L. 1995, p. 10, § 13.)
GA Code § 13-11-3 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 11 - Prompt Payment|§ 13-11-3. Contractors' and Subcontractors' Entitlement to Payment

 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, §13-11-3, enacted by Ga. L. 1994, p. 1398, § 1.)
GA Code § 13-11-4 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 11 - Prompt Payment|§ 13-11-4. Time Limits for Payments to Contractors and Subcontractors

  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 of its subcontract and the subcontract conditions precedent to payment have been satisfied, the contractor shall pay to that subcontractor and each subcontractor shall pay to its subcontractor, within ten days of receipt by the contractor or subcontractor of each periodic or final payment, the full amount received for such subcontractor's work and materials based on work completed or service provided under the subcontract, provided that the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work as the contractor in his or her reasonable discretion may require, including but not limited to a payment and performance bond.     (Code 1981, §13-11-4, enacted by Ga. L. 1994, p. 1398, § 1.)
GA Code § 13-11-5 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 11 - Prompt Payment|§ 13-11-5. Grounds for Withholding Payments

  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, equipment, and materials; damage caused by the contractor to the owner, other contractors, or subcontractors; or reasonable evidence that the contract cannot be completed for the unpaid balance of the contract sum.In addition to the other bases for withholding set forth in this subsection, the owner may withhold a reasonable amount for retainage, provided that the retainage withheld by the owner shall not exceed the retainage percentage set forth in the contract between the contractor and the owner.   Nothing in this chapter shall prevent the contractor or a subcontractor from withholding payment to a subcontractor for: 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 subcontractor to make timely payments for labor, equipment, and materials; damage caused by the subcontractor to the owner, the contractor, or contractors or subcontractors; or reasonable evidence that the subcontract cannot be completed for the unpaid balance of the subcontract sum. In addition to the other bases for withholding set forth in this subsection, the contractor or the subcontractor, as the case may be, may withhold a reasonable amount for retainage, provided that the retainage withheld shall not exceed the percentage retained from the contractor by the owner on account of the subcontractor's work.     (Code 1981, §13-11-5, enacted by Ga. L. 1994, p. 1398, § 1.)
GA Code § 13-11-6 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 11 - Prompt Payment|§ 13-11-6. Conditions Authorizing Payments to Subcontractors

 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 his or her subcontract value, including approved change orders and other additions to the subcontract value and, provided, further, that the work of the subcontractor is proceeding satisfactorily and, provided, further, that the subcontractor has provided or provides such satisfactory reasonable assurances of continued performance and financial responsibility to complete his or her work as the contractor in his or her reasonable discretion may require, including but not limited to a payment and performance bond.    (Code 1981, §13-11-6, enacted by Ga. L. 1994, p. 1398, § 1.)
GA Code § 13-11-7 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 11 - Prompt Payment|§ 13-11-7. Interest on Late Payments

  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 subcontractor, as the case may be, shall pay his or her contractor or subcontractor interest, beginning on the day following the due date, at the rate of 1 percent per month or a pro rata fraction thereof on the unpaid balance as may be due. However, no interest is due unless the person being charged interest has been notified of the provision of this Code section at the time the request for payment is made.Acceptance of progress payments or final payment shall release all claims for interest on said payments.   Nothing in this chapter shall prohibit owners, contractors, and subcontractors from agreeing by contract to rates of interest, payment periods, and contract and subcontract terms different from those stipulated in this Code section, and in this event, these contractual provisions shall control. In case of a willful breach of the contract provisions as to the time of payment, the interest rate specified in this Code section shall apply.     (Code 1981, §13-11-7, enacted by Ga. L. 1994, p. 1398, § 1.)   Law reviews.   - For article, "Construction Law," see 70 Mercer L. Rev. 51 (2018).   JUDICIAL DECISIONS   No late payment justifying interest award.    - 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).   Provision in agreement superseded act.    - Denial of summary judgment to a city on a contractor's claims for prompt payment and interest under the Georgia Prompt Payment Act, O.C.G.A. § 13-11-1 et seq., was reversed because the parties' agreement as to the progress of payments explicitly set forth that the agreement superseded the Georgia Prompt Payment Act and any modifications or successors to it. City of Atlanta v. Hogan Constr. Group, LLC, 341 Ga. App. 620, 801 S.E.2d 606 (2017).   Denial of attorney's fees.    - 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).
GA Code § 13-11-9 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 11 - Prompt Payment|§ 13-11-9. Nonexclusive Remedies

 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, enacted by Ga. L. 1994, p. 1398, § 1.)
GA Code § 13-11-10 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 11 - Prompt Payment|§ 13-11-10. Improvements Excepted From Chapter

 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.)
GA Code § 13-11-11 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 11 - Prompt Payment|§ 13-11-11. Applicability of Chapter

 The provisions of this chapter do not apply to contracts or subcontracts entered into prior to January 1, 1995.    (Code 1981, §13-11-11, enacted by Ga. L. 1994, p. 1398, § 1.)
GA Code § 13-12-1 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 12 - Automatic Renewal Provisions|§ 13-12-1. Definitions

 As used in this chapter, the term:    "Automatic renewal provision" means a provision under which a service contract is renewed for a specified period of more than one month if the renewal causes the service contract to be in effect more than six months after the day of the initiation of the service contract. Such renewal is effective unless the consumer gives notice to the seller of the consumer's intention to terminate the service contract.   "Consumer" means a natural person or a nonprofit organization exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986 receiving service, maintenance, or repair benefits under a service contract. The term does not include a natural person engaged in business or employed by or otherwise acting on behalf of a governmental entity if the person enters into the service contract as part of or ancillary to the person's business activities or on behalf of the business or governmental entity.   "Seller" means any person, firm, partnership, association, or corporation engaged in commerce that sells, leases, or offers to sell or lease any service to a consumer pursuant to a service contract.   "Service contract" means a written contract for the performance of services for a specified period of time.     (Code 1981, §13-12-1, enacted by Ga. L. 2013, p. 1046, § 1/HB 234.)
GA Code § 13-12-2 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 12 - Automatic Renewal Provisions|§ 13-12-2. Disclosure to Consumer of Automatic Renewal Provision in Contract or Contract Offer

 Any seller that sells, leases, or offers to sell or lease any service to a consumer pursuant to a service contract that has an automatic renewal provision shall disclose the automatic renewal provision clearly and conspicuously in the contract or contract offer.    (Code 1981, §13-12-2, enacted by Ga. L. 2013, p. 1046, § 1/HB 234.)
GA Code § 13-12-3 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 12 - Automatic Renewal Provisions|§ 13-12-3. Notice to Consumer Prior to Automatic Renewal of a Service Contract

  Any seller that sells, leases, or offers to sell or lease any service to a consumer pursuant to a service contract for a specified period of 12 months or more and that automatically renews for a specified period of more than one month, unless the consumer cancels the contract, shall provide the consumer with written or electronic notification of the automatic renewal provision. Notification shall be provided to the consumer no less than 30 days or no more than 60 days before the cancellation deadline pursuant to the automatic renewal provision. Such notification shall disclose clearly and conspicuously:   That unless the consumer cancels the contract, the contract will automatically renew; and   The methods by which the consumer may obtain details of the automatic renewal provision and cancellation procedure, including contacting the seller at a specified telephone number or address, referring to the contract, or any other method.     For any contract for service to a consumer that automatically renews for a specified period of more than 24 months, the seller shall, in addition to providing the notification required under subsection (a) of this Code section, obtain the following for the automatic renewal provision of such contract to be enforceable:   Written or electronic acknowledgment from the consumer of receipt of the notification required under subsection (a) of this Code section; and   An affirmative written or electronic response that the consumer does not intend to terminate the service contract.       (Code 1981, §13-12-3, enacted by Ga. L. 2013, p. 1046, § 1/HB 234; Ga. L. 2020, p. 363, § 1/HB 1039.)    The 2020 amendment,  effective January 1, 2021, designated the existing provisions as subsection (a) and added subsection (b).
GA Code § 13-12-4 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 12 - Automatic Renewal Provisions|§ 13-12-4. Applicability

 This chapter shall not apply to:    A financial institution as provided in Chapter 1 or 2 of Title 7 or any depository institution as defined in 12 U.S.C. Section 1813(c)(2);   A foreign bank maintaining a branch or agency licensed under the laws of any state of the United States;   Any subsidiary or affiliate of an entity provided in paragraph (1) or (2) of this Code section;   Any electric utility as provided in Chapter 3 of Title 46;   Any entity regulated pursuant to Chapter 45 of Title 43; or   Any county, municipal corporation, authority, or local government or governing body.     (Code 1981, §13-12-4, enacted by Ga. L. 2013, p. 1046, § 1/HB 234.)
GA Code § 13-12-5 (2021)
2021 Georgia Code|Title 13 - Contracts|Chapter 12 - Automatic Renewal Provisions|§ 13-12-5. Violation of Chapter

 A violation of this chapter renders the automatic renewal provision of a contract void and unenforceable.    (Code 1981, §13-12-5, enacted by Ga. L. 2013, p. 1046, § 1/HB 234.)
GA Code § 14-6-1 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 6 - Corporate Takeovers|§ 14-6-1. Through 14-6-15

 Reserved. Repealed by Ga. L. 1986, p. 433, § 1, effective March 28, 1986.   Editor's notes.   - This chapter was based on Ga. L. 1977, p. 649; Ga. L. 1982, p. 3; Ga. L. 1982, p. 696; Ga. L. 1982, p. 807; Ga. L. 1983, p. 3; Ga. L. 1984, p. 22.
GA Code § 14-7-1 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 7 - Professional Corporations|§ 14-7-1. Short Title

 This chapter shall be known and may be cited as the "Georgia Professional Corporation Act."   (Ga. L. 1970, p. 243, § 1.)   RESEARCH REFERENCES   ALR.    - Right of corporation to engage in business, trade, or activity requiring license from public, 165 A.L.R. 1098.
GA Code § 14-7-6 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 7 - Professional Corporations|§ 14-7-6. Name

 The name of a professional corporation shall satisfy the requirements of Code Section 14-2-401; provided, however, that, in lieu of the use of a word or abbreviation as required by paragraph (1) of subsection (a) of that Code section, the word "associated," the phrase "professional association," the phrase "professional corporation," or an abbreviation of any of them may be used.   (Ga. L. 1970, p. 243, § 6; Ga. L. 1989, p. 946, § 108.)
GA Code § 14-7-7 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 7 - Professional Corporations|§ 14-7-7. Standards of Practice; Standards Applicable to Professional Relationship and Legal Liabilities

 Nothing contained in this chapter shall limit the authority and duty of any regulating board to regulate the several professions including the right to establish and enforce standards of practice, and nothing contained in this chapter shall change the law or existing standards applicable to the relationship between the person furnishing a professional service and the person receiving such service, including, but not by way of limitation, the rules of privileged communication and the contract, tort, and other legal liabilities and professional relationships between such persons.   (Ga. L. 1970, p. 243, § 7.)   RESEARCH REFERENCES   ALR.   - What constitutes professional services within meaning of statute preserving individual liability of professional employees of professional corporation, association, or partnership, 31 A.L.R.4th 898.   Liability of professional corporation of lawyers, or individual members thereof, for malpractice or other tort of another member, 39 A.L.R.4th 556.   Professional corporation stockholders' nonmalpractice liability, 50 A.L.R.4th 1276.   Right of professional corporation to recover damages based on injury or death of attorney or doctor associate, 74 A.L.R.3d 1129.
GA Code § 14-8-1 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 8 - Partnerships|§ 14-8-1. Short Title

 This chapter shall be known and may be cited as the "Uniform Partnership Act."    (Code 1981, §14-8-1, enacted by Ga. L. 1984, p. 1439, § 1; Ga. L. 2017, p. 774, § 14/HB 323.)    The 2017 amendment,  effective May 9, 2017, part of an Act to revise, modernize, and correct the Code, substituted "This chapter shall be known and may be cited" for "This chapter may be cited" at the beginning of this Code section.   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partnership, § 1et seq.   ALR.    - What amounts to a joint adventure, 48 A.L.R. 1055; 63 A.L.R. 909; 80 A.L.R. 312; 95 A.L.R. 857; 138 A.L.R. 968.    Validity and effect of chattel mortgage on partner's interest in firm, 54 A.L.R. 534.    Partnership as distinguished from employment (where rights of parties inter se or their privies are concerned), 137 A.L.R. 6.   Construction and application of Revised Uniform Partnership Act, 70 A.L.R.6th 209.   Construction and application of Revised Uniform Partnership Act, 70 A.L.R.6th 209.
GA Code § 14-8-3 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 8 - Partnerships|§ 14-8-3. "Knowledge" and "Notice" Defined

  A person has "knowledge" of a fact within the meaning of this chapter not only when such person has actual knowledge thereof, but also when he has knowledge of such other facts as in the circumstances shows bad faith.   A person has "notice" of a fact within the meaning of this chapter when the person who claims the benefit of the notice:   States the fact to such person; or   Delivers through the mail, or by other means of communication, a written statement of the fact to such person or to a proper person at his place of business or residence.       (Code 1981, §14-8-3, enacted by Ga. L. 1984, p. 1439, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partnership, § 3 et seq., 207 et seq.
GA Code § 14-8-4 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 8 - Partnerships|§ 14-8-4. Construction With Other Laws

  The rule that statutes in derogation of the common law are to be strictly construed shall have no application to this chapter.   The law of estoppel shall apply under this chapter.   The law of agency shall apply under this chapter.   This chapter shall be so interpreted and construed as to effect its general purpose to make uniform the law of those states which enact it.   This chapter shall not be construed so as to impair the obligations of any contract existing when this chapter goes into effect, nor to affect any action or proceedings begun or right accrued before this chapter takes effect.   This chapter being a general Act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if that construction can reasonably be avoided.   The validity of an instrument executed on behalf of the partnership by a partner shall not be affected by the formality with which the partnership contract was executed.     (Code 1981, §14-8-4, enacted by Ga. L. 1984, p. 1439, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partnership, § 21 et seq.   C.J.S.   - 68 C.J.S., Partnership, § 10.
GA Code § 14-8-5 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 8 - Partnerships|§ 14-8-5. Governing Laws in Absence of Specific Provision in This Chapter

 In any case not provided for in this chapter, the other provisions of this Code and the rules of common law and equity shall govern.    (Code 1981, §14-8-5, enacted by Ga. L. 1984, p. 1439, § 1.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partnership, § 21 et seq.
GA Code § 14-8-6 (2021)
2021 Georgia Code|Title 14 - Corporations, Partnerships, and Associations|Chapter 8 - Partnerships|§ 14-8-6. "Partnership" Defined

  A partnership is an association of two or more persons to carry on as co-owners a business for profit and includes, for all purposes of the laws of this state, a limited liability partnership.   But any association formed under any other statute of this state, or any statute adopted by authority, other than the authority of this state, is not a partnership under this chapter, unless such association would have been a partnership in this state prior to the adoption of this chapter; but this chapter shall apply to limited partnerships except insofar as the statutes relating to such partnerships are inconsistent with this chapter.     (Code 1981, §14-8-6, enacted by Ga. L. 1984, p. 1439, § 1; Ga. L. 1995, p. 470, § 2.)   RESEARCH REFERENCES   Am. Jur. 2d.   - 59A Am. Jur. 2d, Partnership, § 1 et seq.   C.J.S.   - 68 C.J.S., Partnership, § 1.