Electric Works CMA Inc. v. Baldwin Technical Fabrics LLC

The plaintiff was entitled to attorneys' fees pursuant to the Georgia Prompt Pay Act because it was a contractor who performed improvements requested by defendant, and entitlement to attorney fees under the Prompt Pay Act does not require a showing of bad faith.

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Electric Works CMA, Inc. filed a verified complaint against Baldwin Technical Fabrics, LLC, seeking payment of $84,277.43 on a commercial account, as well as interest and attorney fees. Baldwin filed a counterclaim, seeking, among other things, punitive damages in an amount not exceeding $250,000. Following a jury trial, the jury found that Baldwin owed $82,777.43 to Electric Works on the commercial account. In entering judgment, the trial court refused to award interest or attorney fees to Electric Works; and Electric Works appeals that order in Case No. A10A1757. After Baldwin filed a cross-appeal of the trial court’s denial of its motion for a directed verdict, Electric Works filed a motion to require Baldwin to post a supersedeas bond pursuant to OCGA § 5-6-46 a.1 The trial court denied the motion for a supersedeas bond, and Electric Works appeals the trial court’s order in Case No. A10A1759. For the reasons provided below, we reverse and remand in Case No. A10A1757, and we dismiss Case No. A10A1759 as moot.

On appeal following a jury trial, the evidence must be construed to uphold the verdict of the jury, and “every presumption and inference arising from the evidence must be considered in favor of the verdict.”2 So viewed, the evidence shows that Electric Works was a contractor that provided electrical services and materials to Baldwin during 2006. In connection therewith, Electric Works provided Baldwin with invoices in the amounts of $70,899.90 on September 5, 2006, $4,927.53 on October 22, 2006, and $8,450 on November 16, 2006. Electric Works informed Baldwin that it intended to charge interest at a rate of 1.5 percent per month on invoices that remained unpaid after 30 days. In addition, Electric Works notified Baldwin that if it was required to commence litigation in order to recover the amount due, it would seek attorney fees and costs under the Georgia Prompt Pay Act.3 Nevertheless, Baldwin refused to make payment under any of the invoices.

Electric Works CMA Inc. v. Baldwin Technical Fabrics LLC

The plaintiff was entitled to attorneys' fees pursuant to the Georgia Prompt Pay Act because it was a contractor who performed improvements requested by defendant, and entitlement to attorney fees under the Prompt Pay Act does not require a showing of bad faith.

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