Legal Question in Construction Law in Georgia

Bathroom renovation contract signed, stating completion within 2 weeks, and that work would continue each business day to ensure a timely completion. We paid half down ($2000), the other half due upon completion. After 2 months of slow and sporadic progress, I wrote an e-mail specifying a new completion date, and a $100 per day penalty for going beyond that date. He responded by e-mail saying "this all sounds fine." It's been 2 more months, so the balance has been depleted to below zero per our agreement. He's done more than half the work, but hasn't been out in the last month at all. Meanwhile we've been greatly inconvenienced by not having that bathroom functioning due to the fact that we had a baby and have tons of family and friends visiting for extended periods all having to share one bathroom. Plus, our homeowner's insurance came out and inspected and is now canceling our policy due to the trash pile he left for months from demolition. I finally hired someone else last week to just finish the project. Now the first guy is contacting me and wants to get paid more. Can he do this? It seems insane.


Asked on 7/19/11, 7:33 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

That depends on the terms of the original written contract and what penalties were in that, and the wording of the subsequent emails. I'd suggest paying a lawyer to write him.

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Answered on 7/19/11, 2:27 pm


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