Legal Question in Construction Law in Georgia

Tresspassing/Invasion

I hired a contractor to install new roof and gutters on my home. I was not satisfied with the work his sub contrators performed. He sent an inspector to my home without my knowledge or permission and then billed me for it. I was going to refuse payment but he threatened lien on house and garshnisment of wages, so I paid him. Can I sue for tresspassing/invasion in small cliams court? I know he has not made payment to the roofing contractor as they have come to my home asking why I did not pay him, I provided them with the proff of payment, but they as of 10/5/2007 have still not been paid and I fear they may try and sue me.


Asked on 10/05/07, 9:22 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Tresspassing/Invasion

The mere fact that someone comes on your property does not make it trespass (otherwise, no one would ever step on to anyone else's property). It is an even weaker case (if there was a case at all) when one complains about a contractor, and the contractor sends someone to check it out - a reasonable act (payment is another issue). Finally, rarely is it a good idea to try to find a way to turn a simple contract/money dispute into a tort or criminal issue. It overshadows the legitimate issues, and could lead to a counterclaim for abusive litigation. With respect to the true issue - the sub may be able to place a lien on your home even if you have paid. If the job is truly defective, you may be able to sue the contractor (likely in Magistrate Court) for the cost to repair. The terms of any contract, and actions of the parties, are likely relevant, in addition to the actual quality of work.

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Answered on 10/05/07, 9:38 am


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