Legal Question in Construction Law in Georgia

hello, my name is tim ostrom. i own and rent a duplex on 40th street in savannah GA. in december of last year, i was going to city court for the matter of my house needing some repair. i hired a construction company to do the job. the man who runs this company eats at the restaurant i work at and i know him from around town. the work that needed to be done was some replacement of siding, 2 window frames, and some paint. the contractor came over my house, surveyed the work, and gave me an estimate of $4100. the work was slow. i would see them a few times a month here and there. i had paid nearly the full amount of the first bill by the end of february, but the work had not been completed. meanwhile, i have to go to city court once or twice a month and get threatened with fines and imprisonment. i complained of this to the contractor and he stated that they were done and that i needed to pay him. they still had a bunch of wood and a ladder chained to a fence in my yard. i then pointed out which parts of the job had not been completed. they finished most of the painting and wood work by around the end of april, i still had to go out and improvise a ladder to finish a few things that they missed. then, i get another bill for in the neighborhood of $2000. i never saw an estimate of this, all this work is loosely outlined in a series of paperwork i have. it seems as though he's billing me twice for the latter half of the job. even the original bill has $800 on it for scaffolding that was never there. i have a few photos of the work taking place, but the city inspector was there taking pictures once or twice a month.

i have told him i'm not going to pay this ammount. he has stated something about putting a lien on my property. what are my options? sorry for the long story...


Asked on 7/07/11, 12:01 pm

1 Answer from Attorneys
Phillip M. Cook Cook Legal Services, LLC

1.) Protect yourself from prosecution by making sure you hire a REPUTABLE contractor (not someone you met in a restaurant) to finish the job immediately. The contractor should be bonded. It's your fault that you let it drag on this long and you definitely should not have given the contractor money up front, or final payment, until the deal was done. Sounds like you got taken for a ride.

2.) Hire a litigator in Savannah asap. You potentially have two causes of action against the contractor -- (i) breach of contract, and (ii) slander of title, but only if the builder goes ahead and puts a lien on your property for the amount he claims is unpaid. A sternly worded letter from an attorney on attorney letterhead may be enough to make the contractor go away, but if not, you need someone in your corner who can act on your behalf on a moment's notice.

Best of luck.*****The above is for informational purposes only and does not create an attorney-client privilege.******

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Answered on 7/07/11, 12:32 pm


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