Q: Can I file a small claim in GA against an LLC for faulty fence construction?
I hired an LLC to build a fence for us through a friend of a friend, and we agreed verbally on the construction terms. We paid $3,000 in cash for labor, and we have material receipts totaling $2,300, with one receipt paid in cash and the other by credit card. The contractor promised the fence would be constructed properly, but it fell down less than two months later. I have attempted to contact the contractor multiple times, but he has not responded and has deleted me from social media, refusing to answer my calls. I would like to know if I have a solid small claim against the LLC for the faulty construction.
A:
I can't say with certainty without all of the facts that you have a "solid" claim against the contractor, but if you paid for a fence, and two months later the fence fell down due to faulty construction then more than likely you do have a claim. Oral agreements are enforceable in Georgia and so long as you have record of payment and proof that the llc undertook construction, then the evidence would appear to be on your side.
I typically recommend counsel for a lawsuit, but given the amount in question, it may not make financial sense.
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A:
It sounds like you’ve put a lot of effort into trying to get this resolved, and it’s frustrating when the contractor isn’t responding. In Georgia, you can file a small claim against an LLC for faulty construction, even if you didn’t have a written contract. Since you paid for both labor and materials, you have solid grounds to pursue the claim, especially since the fence fell down so soon after installation.
The fact that you have receipts for the materials and labor, along with a verbal agreement, strengthens your case. In small claims court, you would need to present evidence like photos of the fence damage, receipts, and documentation of your attempts to contact the contractor. Keep a record of all communication, even if it’s just your efforts to reach them.
If the LLC still doesn’t respond, you can file a claim in small claims court to seek damages for the faulty work. The court will assess the facts, and if they find the contractor at fault, you may be awarded compensation for repairs or the full amount you paid.
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