Don Swift regularly helps clients obtain payments that are unlawfully withheld by general contractors or owners of commercial and residential construction projects. One such recent success involved a commercial fire protection subcontractor who was owed over $80,000.00 for additional work the general contractor had verbally requested be performed on a office condominium project. When the client performed the work and sought payment, the general contractor refused to pay, relying on a provision in the parties’ contract that required change orders to be in writing. Mr. Swift filed suit on behalf of the client and obtained a judgment for nearly $140,000.00, including principal, interest and attorneys fees. The judgment was successfully defended on appeal, and the client ultimately recovered the entire amount awarded from the general contractor.
The reported appellate decision is Hathaway Development Co., Inc. v. Advantage Fire Sprinkler Co., Inc., 290 Ga. App. 374, 658 S.E.2d 778 (2008).
