§ 16-60-114 - Contract actions by resident subcontractor, supplier, or materialman against nonresident prime contractor or subcontractor -- Affidavit of contractor.
               	 		
16-60-114.    Contract  actions by resident subcontractor, supplier, or materialman against  nonresident prime contractor or subcontractor -- Affidavit of  contractor.
    (a)  Contract  actions by a resident subcontractor, supplier, or materialman against a  prime contractor or subcontractor who is a nonresident of this state or  who is a foreign corporation may be brought in the county in which the  plaintiff resided at the time the cause of action arose.
(b)  When  any judgment is recovered in an action against the nonresident, the  prevailing party shall be entitled to an attorney's fee in the amount to  which he or she is entitled by contract or, if no amount is fixed, a  reasonable compensation for the services rendered by the attorney on  behalf of the prevailing party.
(c)  The  prevailing party shall also be entitled to recover costs and fees paid,  as well as interest at the rate of ten percent (10%) on the balance due  from the date the prime contractor received his or her final payment.
(d)    (1)  All  foreign corporations providing services in this state shall furnish,  prior to receiving payment for their services, or in the case of  installment payment prior to receiving the last installment, a sworn  affidavit to the person or entity employing the foreign corporations  stating that all subcontractors have been paid in full.
      (2)  Any  person signing such a sworn affidavit when in fact all subcontractors  have not been paid in full shall be deemed guilty of a Class D felony.