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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