Legal Question in Business Law in Georgia

We paid a contractor to do some remodeling on the house. He is not finished. He did not do a good a job as we wanted on the things he already did. We paid him in advance and while he was doing the work. He does not come to finish the work, he has delayed the completion of the work for a about a year since he started. We do not have a written contract. We have pictures of what he said would do for us. We have a list that he sent which stated he finished certain parts, and was working on others. We also have a number of text message exchanges between myself and the contractor. We also have copies of the check payments to the contractor. We want him to finish it, and if he does not, we want to sue him for not finishing the work.


Asked on 9/01/10, 8:38 pm

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

You've done everythimng wrong up to now.

You NEVER pay a contractor in advance.

You NEVER hire a contractor without a written contract including express completion dates and penalties for failure to complete work properly, so you have something to sue for.

You NEVER do legal problems via text message. Think PAPER. Real letters. Certified mail.

You NEVER wait this long to pursue things. 30 days past the promised date is the longest one should give a contractor. A year is simply way too long.

At this point, all you can do is take your chances in Magistrates (small claims court), and, without paperwork, you will have a far harder time than otherwise. If you sue, you will NOT be able to compel completion, but you may seek money. You may or may not collect, but it's about the only option. Good luck.

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Answered on 9/06/10, 9:07 pm
Kevin B. Murphy Franchise Foundations, APC

In addition to what the other attorney says, you should contact your state's contractor licensing board to see if the person is licensed or not. You may be able to file a complaint with this agency. Consult with a good business attorney in your area for specific advice.

Kevin B. Murphy, B.S., M.B.A., J.D. - Mr. Franchise

Franchise Attorney

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Answered on 9/07/10, 2:20 pm


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