Under O.C.G.A. § 13-11-2, the general contractor must pay subcontractors within 15 days after receiving payment from the owner. If the owner doesn’t pay within 45 days of the invoice, the sub may issue a written demand, and interest accrues at 1% per month on late amounts. Your subcontract should mirror these statutory deadlines so that late payments automatically trigger the statutory interest and remedies without negotiation.

Georgia does not cap retainage by statute on private construction; retainage is negotiated between the parties. Georgia’s Prompt Payment Act requires timely release once entitlement is established, but there is no statutory cap on private jobs. Your agreement should specify the exact retainage percentage, the release schedule (typically at substantial completion and final completion), and payment of statutory interest on withheld retainage.

While Georgia has not enacted a blanket statutory ban on pay-if-paid clauses, courts and statutes in most states treat "pay-when-paid" as a reasonable timing provision rather than an absolute condition. Check O.C.G.A. Title 20, Chapter 5 (Georgia Lien Law) and Georgia Prompt Payment Act at O.C.G.A. § 13-11-1 et seq. for specific restrictions, and make sure your subcontract states that payment from the owner is not an absolute condition precedent to your right to be paid.

Georgia does not require statutory lien waiver forms; waivers are enforceable if they clearly identify the project, amount, and date. Under O.C.G.A. § 20-5-11, a conditional waiver (as described in the lien statute) is effective only on receipt of payment, and unconditional waivers should only be signed after payment clears. Never sign an unconditional waiver until payment has actually cleared your bank account, and make sure your waiver identifies the specific billing period and amounts to avoid losing lien rights on future work.

Georgia does not have a specific anti-indemnification statute for construction contracts; broad-form indemnity is generally enforceable if clearly worded. Subcontractors should negotiate limits and rely on the Prompt Payment Act for late-payment remedies. Always read the indemnification clause carefully — even in states with anti-indemnity statutes, "broad form" indemnity for joint negligence is typically still enforceable.

Georgia requires filing a Claim of Lien within 3 months (90 days) of the last date work or materials were furnished. Georgia requires non-privity subcontractors (second-tier and below) to serve a Notice of Commencement of Action or a Notice to Contractor within 30 days of first furnishing labor or materials, or 30 days after the GC files a Notice of Commencement, whichever is later. Send statutory notices by certified mail or another trackable method, keep copies of everything, and calendar the deadlines immediately upon each project’s completion.