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Should I file suit against a General Contractor for non-payment of a disputed part of the project

Georgia

We are a NJ based specialty contractor. Project was in Georgia, as is the General Contractor. There was a gray area in the contract. We did not include canopies in our proposal because they were not shown anywhere on the contract documents. Our contract says we have to provide a complete door system. The canopies came up later in the project. The design team was relying on us as the door expert to provide a complete system. When we bid the project we assumed the doors were on the inside and therefore no canopies were required. We told the GC we did not have them, but would help them out. They never specifically instructed us to provide the canopies, but they did ask us for fabrication schedule, delivery schedule, drawings and PE stamped drawings. The total cost to my company was over $100,000 for design, material, fabrication, delivery and installation. I went back to the GC and asked for assistance. They told me they never authorized us to provide. I believe they were never a part of my contract. Canopies cover the door, but are not part of the door. I also believe we were indirectly told to proceed via their requests for progress updates. Do I have a legitimate claim?

1 reply

Apr 21, 2021
Good morning. Based on the information provided in your question, it seems that you may well have a valid claim for the costs incurred to provide the canopies. One missing piece of the puzzle is the terms of your contract which would have to be reviewed carefully. If you would like to have someone review the contract and your key documents, please follow up with me by email (rstorrs@storrslaw.com) or by telephone (404) 500-6302.
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