Preston Breedlove v. Wayne and Sandra Parks

Breach of Contract - Negligent Construction - In 1995, Breedlove, a general contractor, entered into a
contract to build a custom home for Mr. and Ms. Parks. The
parties dispute the actual terms of the contract, but agree that
the Parkses had the right to submit changes to the contract and
that Breedlove was entitled to be paid for any additional expense
associated with performing those requested changes. Problems
arose as the construction progressed and Breedlove ultimately
withdrew from the project before the house was completed. When
the Parkses repeatedly refused to pay expenses associated with
changes they had requested, Breedlove brought suit for all of his
unpaid construction expenses, his contractor's fee, interest, and
litigation expenses, including attorneys' fees. The Parkses
counterclaimed for breach of contract based on Breedlove's
abandonment of the project and defective and negligent
construction, for fraud and deceit based on Breedlove's
representations regarding his ability to construct the roof and a
concrete deck, and for litigation expenses.

Breedlove testified that he presented Ms. Parks
with an invoice related to several changes she and her husband had
suggested be made to the original construction plans and met with
Mr. Parks on four occasions to request payment. After the fourth
visit, Mr. Parks responded that he was still reviewing the invoice
and had some questions, but did not have those questions with him.
Breedlove became concerned about whether he would be paid for the
entire project when the Parkses would not pay him $3,030.00 for
the changes they had specifically requested. He suggested the
parties meet with their attorneys to try to resolve these issues.

Breedlove testified that the parties met, with their
attorneys present, and that he agreed to withdraw from the
project, waive his contractor's fee, ensure that the house passed
rough inspection, and provide the Parkses with a list of all
subcontractors and suppliers who had provided work or materials
for the project. In exchange, the Parkses agreed to pay Breedlove
$26,169.82 for outstanding construction expenses.

According to Breedlove, he did everything required of him
under that agreement. The Parkses did not pay Breedlove for any
of his expenses, but did hire an engineer to review what they
thought might be problems with the construction. Although the
engineer noted some problems with the roof supports that could
have been fixed at the time, the Parkses did not have the repair
work done or request that the county inspectors come back to
review these potential problems. Instead, they paid the engineer
to redesign their deck, largely for aesthetic reasons.

The jury found for Breedlove in the following amounts: building and supply costs $26,169.82; contractor's fee $10,000.00; interest $0; attorneys' fees and expenses $10,717.21. They also included a handwritten notation regarding the contractor's fee award, indicating that the $10,000.00

Unknown

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Affirmed by the Court of Appeals of Georgia. See: ___ Ga. App. ___ (1999), ___ S.E.2d ___. Note: The above date reflects the appellate court decision date, not the original trial date. Reported by kkm.