Legal Question in Construction Law in Georgia

Re: pay for work completed

Yes, Sir. Your proof issues are much harder because you do not have the contract reduced to writing. You have to show that she "accepted" the work or "ratified" the Contract. Also, you have to, in effect, prove all of the terms of the contract: offer, acceptance, consideration (price), etc. ---> then show its breach and your damages. With a written contact, you set up the written contract as prima facia evidence of the contract and move to breach. If your firm did the work and she accepted it and now will not pay for it -- sue her. The $ she will owe will be governed by the prevailing rate for that type of work in the area --> quantum merit damages.

Also, if you are within 90 of the completion of the work, consider putting a mechanic's lien on the real estate. You simply fill out the claim form and file it in the real estate records. You have 12 months from the last date of work (9 mo. if you file close to the 90 days) to file a civil suit to collect or the lien is extinguished. Mechanic's Liens will ususally get their attention. You can find the instructions and forms on our website. Sincerely,

Hugh Wood