Home>Levelset Community>Legal Help>Does an email response "yes" constitute acceptance? I've got a GC that's telling me my CO is not approved because of this , work is complete -GA

Does an email response "yes" constitute acceptance? I've got a GC that's telling me my CO is not approved because of this , work is complete -GA

i'm the electrician my work was damaged by another sub, i had to go back and re-do my work underneath a parking deck- aprox. $15,000 Before going forward i sent an email to the GC explaining the situation , and asked him to proceed, he said "yes just send me the rates" Now he is unwilling to pay until the sub who damaged me accepts the damages (which they probably wont) is this lienable?

1 reply

Feb 23, 2018

Whether or not a change order has been validly made will likely depend on the terms of the original contract for work. Typically, a specific process will be set-out in the contract that explains how change orders should be submitted and approved. However, mechanics lien rights arise out of statute, not contract. Thus, whether lien rights will be available will depend on whether lien rights are provided for the work performed. In Georgia, lien rights can arise even from very informal agreements. §44-14-361(a)(2) of the Georgia mechanics lien statute provides lien rights for "All contractors, all subcontractors and all materialmen furnishing material to subcontractors, and all laborers furnishing labor to subcontractors, materialmen, and persons furnishing material for the improvement of real estate..." Further, under section §44-14-361(c), the lien is in "the amount due and owing the lien claimant under the terms of its express or implied contract, subcontract, or purchase order..." Many courts have found that emails can create a contract - sometimes, even with unsigned emails. However, it appears that such a designation might not even matter when it comes to GA lien law since an implied contract will give rise to lien rights. As long as both parties consent, and as long as the terms of the agreement are clear (like price, extent of work, and conditions for payment), there's a strong argument that, at the very least, an implied contract exists, which also would give rise to lien rights.

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