Interest on Late Payments

1. Law
2. Georgia Code
3. Contracts
4. Prompt Payment
5. Interest on Late Payments

1. 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.
2. 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Provision in agreement superseded act.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was reversed because the parties' agreement as to the progress of payments explicitly set forth that the agreement superseded the Georgia Prompt Payment Act and any modifications or successors to it.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).

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