Hendon v. Superior Roofing Co. of Ga. Inc.

Evidence that homeowner refused to pay roof installer based on a deficiency list that he claimed a roof inspector prepared but that he actually wrote supported installer's award of bad faith attorneys' fees.

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Appellant-defendant G. H. Hendon, Jr. “Hendon” entered into a contract with appellee-plaintiff Superior Roofing Company of Georgia, Inc. “Superior” for the installation of a new roof at his residence. A dispute over the work done arose between the parties. Thereafter, Superior filed its complaint seeking payment for the installation of the roof, attorney fees and the expenses of litigation under OCGA § 13-6-11, and a lien on Hendon’s home. After deposing Hendon, Superior added a claim for fraud to its complaint. Hendon filed his answer and counterclaim seeking damages for negligent construction, personal injury, and attorney fees. Following the close of Superior’s evidence, the trial court denied Hendon’s motion for directed verdict as to Superior’s fraud claim, finding “overwhelming” and “crystal clear” evidence showing that Hendon’s purpose had consistently been to avoid paying for the repairs to his roof. At the close of the evidence, the trial court granted Superior’s motion for directed verdict as to Hendon’s claim for attorney fees under OCGA § 13-6-11. The jury returned its verdict, awarding Superior $7,725.00 plus $800.00 prejudgment interest on its contract claim, $1,013.00 in quantum meruit damages, $12,000.00 as attorney fees and expenses of litigation, and finding for Hendon as to Superior’s fraud count. Additionally, the jury awarded Hendon $2,500.00 upon his counterclaim for negligent construction and found for Superior as to Hendon’s counterclaim for personal injury. Hendon appeals the trial court’s orders granting final judgment on the verdict and denying his motions for new trial upon the general grounds and judgment notwithstanding the verdict as to the jury’s award of attorney fees to Superior. Held:

1. Hendon contends that the trial court erred in denying his motion for judgment notwithstanding the verdict as to the award of attorney fees to Superior under OCGA § 13-6-11. We disagree.

Hendon v. Superior Roofing Co. of Ga. Inc.

Evidence that homeowner refused to pay roof installer based on a deficiency list that he claimed a roof inspector prepared but that he actually wrote supported installer's award of bad faith attorneys' fees.

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