Disputed Invoice time to file suit for Tornado Damage

[psb002]

My Home sustained heavy Tornado damage 4/27/2011, The Independent Adjuster recommended a Contractor who came with him when he inspected my home. The Contractor brought 2 Hispanic men, who did not (or pretended to not speak) English. They were there to place tarps on the roof, until we could get moving on the repairs. The 2 men were afraid of heights and did not place any tacks on the tarps or properly secure the tarps down. They tied the tarps on with ropes. The tarps blew off before the next morning.

While they were at my home, placing the tarps the 2 men showed a very visible sign that they were scared to be up on the roof, The Contractor did not go up on the roof, only the 2 men. But during this time (the contractor left them at my home while he ran some other errands) when he returned, I explained to him that we had decided that due to the damage we were going to have an Engineer (the Insurance Company decided to use and Engineer) out and at that point in the claim, we were not going to make any choices on a contractor to do the repairs. So, the only work that was provided by him were the tarps. I signed an agreement allowing him to send the bill to the Insurer directly. He never sent me an invoice until over a year and a half later.

Since the tarp blew off, I hired another contractor to come out 2 days later and they secured the tarps with wood strips tacking the tarps in place and boarded the damaged windows, and their tarps remained intact for a little while allowing us to continue to negotiate the damage with the Insurer.

Now the 1st contractor is suing me for the unpaid invoice for the work that he failed to properly complete. The only invoice I received from him was over a year and a half after the date he was at my home. I am wondering if there is a time frame and any rules that need be followed before a suit can be filed to collect in Georgia.

Any answers or direction will be appreciated

 

[army judge]

If he sues you, you'll be served by a law enforcement official or process server. The summons or subpoena will be affixed with the seal of a proper court. You can verify the court information to ensure the court is real.

I suspect the SOL is 2-3 years in your state. You can Google (contracts SOL GA). From what you say, you didn't authorize ths work pursuant to a signed contract. If that's the case, this alleged contractor is blowing smoke. Besides, if ANYONE owes him anything, it's the insurance company. You said you directed him to bill the insurer. If that's true, his beef is with them. I suppose they've told him to pound sand, so now he's chasing you. If I were you, I'd tell him to pound sand, too. So, he sues you, so what? You've got a great defense, no signed contracts, no agreement for YOU to pay him, etc...

 

[disagreeable]

You are entitled to dispute the amount he claims, as the work was faulty and required redoing overnight. The judge will asses the information presented and issue a ruling.

 

[psb002]

I appreciate the knowledgeable responses to my question. The Contractor seems to have filed a SUIT AGAINST ME, (I learned this from receiving advertisement letters from local attorney's that buy lists of suits filed within their local areas) BUT as of today I have not received a notice from the Sheriff Dept. I believe the contractor FAILED TO FILE IN THE PROPER VENUE. I went to my local Solicitors office in my residence county, they have no records of a suit being filed. So, he may have decided it was not worth the fight, or is still in the process of getting the change of venue.

I am willing to pay him for the Material and the fees that he paid to the workers, if he can provide a copy of the check that he paid them with, but I believe that he picked them up as day workers as he drove to my home. I don't think he can produce pay stubs where he paid them. That is my thought on the issue.

I will wait and see what he decides. The ball in his court.

Thanks for all the jhelp