Georgia Contractor's Affidavit of Payment to Subs
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How to fill out Contractor's Affidavit Of Payment To Subs?
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FAQ
AIA Document G706 is intended for use when the Contractor is required to provide a sworn statement verifying that debts and claims have been settled, except for those listed by the Contractor under EXCEPTIONS in the document. AIA Document G706 is typically executed as a condition of final payment.
It is unfortunately common for a contractor to fail to pay a subcontractor within the agreed terms. If so, the subcontracting party is entitled to pursue debt collection action to recover what is owed to them.
Can a Contractor Sue for Non-Payment? The short answer is yes. If you've exhausted all other means, you can bring the case to a small claims court. It's a good idea to speak to a lawyer first to see what your options are and whether it's worth it.
A direct payment clause says that if you have paid the main contractor for work done by subcontractors and your money is not passed on to them, you can pay the subcontractor directly and deduct the payment from any other monies due to the main contractor.
When the subcontractor does not get paid then they have grounds to pursue the contractor for monies owed. This could be in the form of wages or unpaid invoices for services rendered. In the USA, the owner of the property can be held liable for payment under a Mechanics Lien.
AIA Document G702®1992, Application and Certificate for Payment, and G703A®1992, Continuation Sheet, provide convenient and complete forms on which the contractor can apply for payment and the architect can certify that payment is due.
This is a standard form for use when a surety company is involved and the owner/contractor agreement contains a clause whereby retainage is reduced during the course of the construction project.
AIA Document G70621221994 requires the contractor to list any indebtedness or known claims in connection with the construction contract that have not been paid or otherwise satisfied.
File the affidavit of nonpayment with the clerk of the superior court for the county where the real property is located. The claimant must file the affidavit within 90 days of the date the claimant signed the waiver and release (O.C.G.A.