1.  Take pictures and lots of them, and/ or video the entire project.  A picture
is worth a thousand words and documenting what work was or was not
performed greatly improves your case.

2.  Immediately send a letter to the contractor outlining events leading up
to the walk-off and all remaining issues.  This letter should be sent via
certified mail with return-receipt (or overnight with signature via FEDEX, UPS
or the post office) to any and all addresses for the contractor or builder. 
(Check the Georgia
Secretary of State’s website for corporate addresses.)  The letter you send
should give reasonable and firm deadlines for action to be taken.  Demand not
only compliance with the construction agreement, but demand immediate
communication.  A general example would be: 

“It has come to my attention that you walked off the job on
(date) with substantial work to be done.  Please contact me within 24 hours of
the receipt of this letter.  Further, please be back on the job site within 48
hours and continue the agreed upon work.  If you do not comply with these
requests, I will be forced to expend additional sums to finish your work and
then pursue action through the courts against you for this breach.”

3.  If you have not received a response, and have proof that the letter was
received, you should promptly decide what you are going to do.  Are you going to
resend another letter, but with a harsher tone, or are you going to assume the
builder is not going to do the right thing and therefore, you will go get
estimates to have the remaining work done.

4.  If you get estimates, you should get three estimates for the cost to
complete the remaining work.  Try to avoid any additional or extra work being
included in these estimates as it may seem that you are trying to get the first
contractor to unfairly pay for extras.  If you need extras, consider separate
estimates.  Get the repairing contractor to agree to testify should this matter
go to court and to cooperate in case preparation.

5.  Try to get the work finished within a reasonable time.  The longer you
sit on your hands the more likely additional damage is going to occur to the job
site.

6.  Always consider the legal costs and time investment associated with
pursuing a bad contractor in court.

7.  If the cost to repair is under $15,000.00, you may want to consider
filing the action in magistrate court (small claims court).  In magistrate
court, it is a good idea to have a lawyer, but not always affordable due to the
amount at stake.

8.  If the amount is over $15,000.00, you will have to file in state or
superior court and it is recommended that you almost always have a lawyer.

9.  Keep your documents in a safe place.

10.  Even if you do not end up hiring an attorney, you should at least meet
with one that offers free consultations in person or over the phone and see what
they think.  Even if you do not hire the lawyer, you will probably learn
something.

About the author: John Breakfield is an attorney with Breakfield & Dean,
LLC in Gainesville, Georgia and handles disputes regarding builders/
contractors/ subcontractors and home/ property owners.   Our office can assist
clients through out Georgia including: Hall County (Gainesville, Oakwood,
Flowery Branch), White County (Cleveland), Lumpkin County (Dahlonega), Gwinnett
County (Buford, Sugar Hill, Lawrenceville), Dawson County (Dawsonville),
Habersham County (Demorest, Cornelia), and all of Northeast Georgia.

This article should not be considered nor relied upon as legal advice
since it is only intended for general overview and informational purposes.
Please consult with an attorney on your specific situation in order to determine
an appropriate legal course of action.