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Blackmon et al. v. Pena

Evidence Supported Finding That Contractor Failed to Complete Bargained-For Restaurant Improvements

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Self, Judge.In this contract dispute, restauranteur Irma Pena sued contractor Kirk Blackmon d/b/a Atlanta Concrete Creations and Kirk Blackmon, Inc. d/b/a Georgia Sunroom (collectively, “Blackmon”) for damages related to work Blackmon performed during the construction of an exterior patio and sunroom addition at Pena’s restaurant. Following a bench trial, the Superior Court of Spalding County entered a final judgment in Pena’s favor for breach of contract and negligent construction, and Blackmon appeals. For the reasons that follow, we affirm.   Evidence adduced at trial revealed that Pena had planned for some time to add a patio and sunroom to the Mexican restaurant she and her husband owned in Forsyth. Pena’s niece located Blackmon during an Internet search, telephoned him, and Pena ultimately met with him at the restaurant. One to two weeks after meeting with him, Pena signed two contracts with Blackmon on May 9, 2013, for the construction of an exterior patio and a four-season sunroom.[1] The contract prices for the sunroom and the exterior patio were $53,997 and $13,000, respectively, and construction was to begin “in 4-5 weeks” from May 9, 2013, and be completed in “3-5 weeks” (sunroom) and “1-2 weeks” (exterior patio). Pena gave Blackmon a deposit of $28,000 when she signed the contracts for the project, but did not hear from him for six to seven weeks thereafter. In fact, Blackmon did not obtain a building permit until July 1, 2013 — more than two weeks after construction was slated to begin and, in the case of the patio, after the patio should have been completed.

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