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Can I file suit against a construction company if I walked out on job for non payment?

Georgia

We currently have a lien against Cloud Construction for a job in Huntsville, Alabama through Levelset. There's another job we did for Cloud Construction in Winder, Georgia that coincided with the Cloud Construction/ Huntsville job but we walked off the job before it was finished because they were not paying us. This job was started 6-2-2020 and we walked off the job for non-payment 11/2/2020. The original contract was $76,000 plus $4200 in change orders and they paid us $42,000. That left them owing us $38,200. We could not get them to honor the draws and get paid so we walked off job without finishing and getting any more money. Of course at the time we didn't know about levelset and could've avoided all of this but do we have a legal case to get our money from that job since its been more than 6 months since we started it? Thanks, Lori Broom A 1 Cement

7 replies

Mar 30, 2021
It sounds like you have a valid claim to be paid. Under Georgia law, if the other side failed to pay you amounts due and owing, then you have the right to suspend or stop work. The argument would be that because the contractor materially breached your subcontract, you were excused from further performance. You should have an attorney review the situation on both jobs and advise you as to the best course of action to get your money. If I can help further, please call me at (404) 500-6302 or email me at rstorrs@storrslaw.com.
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Mar 31, 2021

Thanks for your response. If we want to proceed with our suit against them do we contact you and persue this with you personally or is this legal service provided through levelset?

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Mar 31, 2021
Levelset will only provide information and get the lien filed; to pursue it you would have to hire counsel. If you have further questions please call me.
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Apr 5, 2021

Would your fee be upfront or do you take a percentage of what we collect?

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Apr 5, 2021
Please contact me by telephone or email to discuss further. rstorrs@storrslaw.com (404 500-6302
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Apr 5, 2021

Ok thanks! I will give you a call later.

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Apr 12, 2021
You could bring suit against Cloud, if your contract gave you the right to cease performance if you are unpaid. Would depend on the terms and conditions of your contract or purchase order. If you need to retain an attorney, give me a call. Josh Stone. Firm Stone & Bellus, P.C. Website stonebellus.com. email josh@stonebellus.com. Phone 770-390-9950. Thanks Josh
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