Legal Question in Construction Law in Georgia

Contractor Woes

I had a contractor build a garage. Due to a drainage problem on the side of the building the county inspector will not approve the final inspection for a C.O. (Certificate of Occupancy). While I am in agreement with the contractor that a garage should not need a C.O. the problem is that this county requires one. The contractor says he will not do anything to fix the problem unless I pay him to do it. The contractor has been paid in full for the building. In fact I did pay for the rental of a Bobcat and the contractor untilized the Bobcat last year to try and re-grade that area of the building but it only got worse in the sense that the water is pooling deeper than it was before he messed with it. I paid a consideral sum of money for a building that should pass county inspection. Before the contractor started I had the area cleared and leveled. Now the contractor says the slab, which he subcontracted to pour, should have been three feet higher. I said, ''This is a fine time to tell me that seeing as how the building is completed and now will not pass inspection. Do I have any recourse against the contractor?


Asked on 1/24/07, 1:38 pm

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Contractor Woes

In addition to the substantive answer you received (Mr. Lyon's), a question arises as to whether your prep work in cleating and grading, then choosing the location, was a contributing factor. It appears that it is the grading...not the actual building... that is the problem, so there may be a question of responsibility. As stated, the first place to look is your contract.

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Answered on 1/25/07, 7:00 am
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: Contractor Woes

You may want to arrange for a case evaluation by an attorney. After reviewing all of the available information, an attorney could advise you what legal options are best suited to your circumstances.

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Answered on 1/24/07, 3:16 pm
Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Contractor Woes

You can certainly sue the contractor for breach of contract if he was supposed to build the garage so it would be bale to obtain a CO. However, check your contract and see who is responsible for what.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

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Answered on 1/24/07, 3:33 pm


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