On April 12, 2004, Deborah Pacheco entered into a construction contract with Charles Crews Custom Homes, Inc. to build a $122,440 residential house in Berrien County, Georgia. After construction began, Pacheco became upset with various issues involving the house, including the timetable for completion of the house, the high cost of the fireplace and chimney, higher than expected material prices, the color of the stucco, assorted electrical, plumbing and painting problems, and a $6,900 mahogany door that had been delivered to her home by mistake. In September, 2004 Pacheco hired an attorney to terminate her relationship with Charles Crews Custom Homes. The attorney drafted mutual releases which were executed by both parties on October 11, 2004. The general release executed by Pacheco stated as follows:I, DEBORAH PACHECO, . . . hereby release and forever discharge Charles Crews Custom Homes, Inc., and any other person, firm or corporation, charged or chargeable with liability or responsibility, from any and all claims, demands, actions or causes of action, of any kind whatsoever, which I have, or could hereafter have, on account of, arising out of or in connection with that certain contract dated April 12, 2004, whereby Charles Crews Custom Homes, Inc. agreed to build a home for Deborah Pacheco on W.D. Nash Road in Berrien County, Georgia.And further this release is to carry with it a full and final release of the above named Charles Crews Custom Homes, Inc. from any and all liability from any and all claims, demands, actions or causes of action of every nature and kind whatsoever now existing or which may arise, including, but not limited to all claims for property damage to my property, loss of rental income, out of pocket expenses, mental anguish and any and all other claims directly or indirectly growing out of said contract. And in full of all other claims of any nature occurring prior to the date thereof.And I hereby expressly state that the above consideration is in full for this release and that there is no understanding or agreement of any kind for any further or future consideration whatsoever, implied, expected or to come to me in money or otherwise. On the same date, Pacheco issued a check in the amount of $2,583.73 to Charles Crews Custom Homes marked as “FINAL PAYMENT/SETTLEMENT.” Pacheco subsequently hired builder Mark Swain to complete construction of her home, but he was not able to satisfy Pacheco or collect payment from Pacheco. On February 8, 2006, Pacheco filed suit against Charles Crews Custom Homes, Charles Crews and Sherry Crews hereinafter “Charles Crews Custom Homes” seeking damages for alleged fraud and negligent construction. Charles Crews Custom Homes filed a motion for summary judgment based on the ground that Pacheco’s claims were barred under the general release executed by her on October 11, 2004. The trial court granted Charles Crews Custom Homes’ motion for summary judgment and, in a separate order, assessed attorney fees against Pacheco in the amount of $3,000 for filing a frivolous lawsuit. Pacheco appeals. We find no error and affirm the trial court’s orders.
1. Pacheco contends the trial court erred in granting Charles Crews Custom Homes’ motion for summary judgment based on the October 11, 2004 release executed by her. We disagree. The release at issue clearly terminates the contractual relationship between Pacheco and Charles Crews Custom Homes and clearly bars any future claims against Charles Crews Custom Homes. In agreeing to the rescission and release of the original construction contract there was mutual benefit and detriment. Charles Crews Custom Homes agreed to forego full recovery under the contract in exchange for its out-of-pocket expenses, and Pacheco agreed to release Charles Crews Custom Homes from liability in the construction and was relieved of having to complete the project with a contractor with whom she was dissatisfied. An accord and satisfaction was achieved and the release is binding.1
