Legal Question in Construction Law in Georgia
Contractor billing
I negotiated a lease for a commercial space.
The landlord contracted with a contractor for the build-out at a pre-determined price to be reimbursed to the landlord directly.
Now, the contractor is billing above and beyond for work. The landlord refused to pay and the contractor has billed us for ''changes'' and for items that were in the ''punch list''. There were minor changes made, but only with the total understanding that ''it was in the budget''. We repeatedly made this comment. We were assured that the changes were in the budget. We were never informed that any additional charges would be fabricated upon completion of the project. Our landlord even witnessed our ''only if it is in the budget'' comments on numerous occasions. I refused to pay.
We have now been served with a claim asking a judgment against us for the amount. We never had a contract with this contactor (written, verbal or implied) for anything he is billing us for. My landlord has been paid in full.
We have personally been listed as ''plaintiff'' in the Statement of Claim. We are a Limited Liability Company DBA. We have no contract with this individual at all.
1 Answer from Attorneys
Re: Contractor billing
The contractor could only seek a judgment against the party to their contract. So, if your company is not a party to the contract, it cannot be sued for a breach. Keep in mind that you must follow all of the terms of the lease, which it sounds like you are doing.
If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.
The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.
Glenn M. Lyon, Esq
MacGregor Lyon, LLC
Promenade II
1230 Peachtree Street NE
Suite 1900
Atlanta Georgia 30309
Phone 404.942.3545
Fax 404.795.0993
www.macgregorlyon.com
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