Georgia Code
Article 2 - Retention of Contractual Payments and Creation of Escrow Accounts on Contracts for Installation, Improvement, Maintenance, or Repair of Water or Sewer Facilities
§ 13-10-81. Authorization and Procedure for Retention of Contractual Payments by State or Political Subdivisions; Procedure for Final Payment

History. Ga. L. 1975, p. 1045, § 1; Code 1981, § 13-10-20 ; Ga. L. 1983, p. 475, § 1; Ga. L. 1992, p. 2091, § 1; Code 1981, § 13-10-81 , as redesignated by Ga. L. 2001, p. 820, § 1; Ga. L. 2022, p. 760, § 2/SB 438.
The 2022 amendment, effective July 1, 2022, in subsection (a), in the first sentence, substituted “5 percent” for “10 percent” and deleted “; provided, however, that no amounts shall be retained on estimates or progress payments submitted after 50 percent of the work on the project has been completed if in the opinion of the department, agency, or instrumentality of the state or any political subdivision thereof such work is satisfactory and has been completed on schedule.” from the end, and deleted the former second and third sentences, which read: “This will not affect the retained amounts on the first 50 percent of the work on the project which may continue to be held to ensure satisfactory completion of the project. If, after discontinuing the retention, the department, agency, or instrumentality of the state or any political subdivision thereof determines that the work is unsatisfactory or has fallen behind schedule, retention may be resumed at the previous level.”; and, in subsection (c), substituted “entity shall, within” for “entity shall within” and “provided, pay” for “provided pay” in the first sentence, and deleted “minor” following “incomplete” in the second sentence.
Cross references.
Authority of municipal corporations to construct and improve water and sewage systems, § 36-34-5 .