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Robert J. Fleming

Robert Fleming’s Answers

2 total

  • We hired a general contractor to oversee the reconstruction of our house. (house fire Can we request copies of invoices from gc

    We had a house fire and hired a general to oversee reconstruction, after 30,000.00 and failed county inspection we terminated the contract, the contractor states we owe 15,000.00 additional. All we have is 1/2 framed house, doors,windows and roof....

    Robert’s Answer

    Most legal issues surrounding your situation will be governed by the contract itself and the laws of contract in Georgia. Without studying the contract, it is not possible to answer you questions unconditionally. However, as a practical matter, you should demand, in writing, a copy of proof for the damages that the general contractor is claiming. Some questions that come to mind are: Is the GC seeking the full value to him under the contract (as if it was fully completed)? Does the contract have a liquidated damages clause? Why did you terminate the contract? What does the contract say in regards to what amounts of monies are owed if the contract is terminated prior to the completion of the house? Was there a builders' draw in the contact? Was it followed?

    Finally, if you fired the General Contractor and terminated the contract for good cause, it is not likely that you would owe any more money than what you paid under the draw schedule. In order to properly protect your legal rights, you should retain an experienced Georgia lawyer to review the contract, and determine who owes whom what. If the General Contractor was negligent, it is not likely that you would owe any more money and you would possible be entitled to recoup some of the money you already paid him. But, once again, so much depends on the terms of the contract and the specific facts of your case. Good luck.

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  • Who is responsible for auto break in on private parking lot

    I was at work last night. When I left the building, my car had been broken into. I called the police, they took the report, I called my auto insurance and repairs to my car will be paid, minus the deductible but the items that were stolen out of...

    Robert’s Answer

    There really are two components to the answer to your question. The first one is: is there available insurance coverage that will pay you for your loss. The second component is: who is legally responsible for your loss.

    As a practical matter, if you have homeowner's insurance, you should check your policy to determine if the loss is covered under that policy. You may also want to check with your employer and ask if they have an insurance policy that may cover this loss.

    We do not practice in TN, so the laws there may be slightly different, but as a general rule, property owners have a duty to make sure that their premises are safe and that there are no latent defects. If this duty was not met, the property owner may be liable to you for the value of your loss.

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