X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

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.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now
Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now
Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now
September 18, 2024 - September 19, 2024
Dallas, TX

Join General Counsel and Senior Legal Leaders at the Premier Forum Designed For and by General Counsel from Fortune 1000 Companies


Learn More
September 24, 2024
Chicago, IL

Women, Influence & Power in Law Awards honors women lawyers who have made a remarkable difference in the legal profession.


Learn More
September 23, 2024 - September 25, 2024
Chicago, IL

WIPL is the original global forum facilitating women-to-women exchange on leadership and legal issues.


Learn More

Associate attorney position at NJ Immigration Law firm: Leschak & Associates, LLC, based in Freehold, NJ, is looking for a full time ass...


Apply Now ›

Javerbaum Wurgaft, a large civil litigation firm with nine (9) offices, seeks: Plaintiff Personal Injury Attorney for Northern New Jersey of...


Apply Now ›

Exciting Career Opportunities at Nuzzo & Roberts! Nuzzo & Roberts, a leading mid-sized insurance defense firm based in Cheshire, CT...


Apply Now ›