In this case, we granted certiorari to determine whether the Court of Appeals correctly concluded that there was insufficient evidence to support a jury’s finding that Chang Sop Chong breached an oral contract he entered into with Reebaa Construction, Inc. to build out the unfinished basement of his home. See Chong v. Reebaa Construction Co., Inc. , 284 Ga. App. 830 645 SE2d 47 2007. For the reasons set forth below, we reverse and remand. In the light most favorable to the jury’s verdict, the record shows that, in early 2003, Chong, an attorney, entered into a “handshake agreement” with Reebaa Construction to finish the 4,000 square foot basement of his home. Chong initially represented that he wanted a simple basement with few frills, and a “Construction Memo & Job List” was generated to reflect this desire. The total renovation price set forth in the memo was approximately $96,000. Construction began, and Chong started making regular payments to Reebaa. Chong, however, decided that the original construction plan was too basic and began requesting significant changes to the simple renovation, including, among other things, marble floors, granite countertops, oversized doors, and a steam shower. Chong personally requested each of these changes, chose the materials, and repeatedly instructed Reebaa that “money was no object.” Prior to carrying out Chong’s requests, Reebaa informed Chong that it would cost considerably more than initially quoted to complete the work, and Chong was made privy to the cost of many of the additional materials. Nonetheless, Chong simply stated that Reebaa should do the additional requested work and submit a bill to him at a later time. The expense of the changes requested by Chong amounted to approximately $128,000 over the original “memo” price.
Although Chong paid Reebaa approximately $108,000 while work was ongoing, Chong refused to make any more payments after the work was substantially completed in August 2003. Reebaa then sued Chong for breach of contract. Following a jury trial, Reebaa was awarded $154,954 in damages and $140,112 in attorney fees. Chong then filed an appeal, and the Court of Appeals reversed the verdict and remanded the case for a new trial, finding that, because there was insufficient evidence to show that the parties agreed upon a definite price for the change-order work, no enforceable contract existed and Reebaa’s only remedy was based on quantum meruit, not breach of contract.
