G. Scott Hogue Services d/b/a G. Scott Services has filed a lawsuit March 11 against James Lester regarding work at Kasie’s Place, an upstart sports grill in Rockmart.
The restaurant, located 754 Cartersville Highway, was supposed to open in January but financial conflicts have kept it from opening.
Lester owns the property, which is the reason G. Scott Hogue said he filed against him.
However, others named in the lawsuit are J.L. Lester and Son Inc., Sandra Wheat and James Smith. Lester owns Lester and Son. Sandra Wheat and James Smith were co-owners of the business, but Smith is the sole owner now.
Polk County court documents state Lester’s business and additional people are named because of a lien Hogue put on the property last December.
Hogue said he just wants his money.
“Lester admitted to signing it. It’s his responsibility. This has almost bankrupted me,” Hogue said.
According to court documents, Hogue’s company offered a proposal to do electrical work to accommodate a restaurant in the existing building in September 2010. Lester approved that proposal, totaling $9,230, according to court documents.
About the same time, Hogue submitted a quote to contractor Tim Wheat for labor cost at $95 an hour for two laborers. That document also stipulates there would be the cost of materials but does not give an estimate for either. Tim Wheat signed it, according to court documents.
Hogue received a Rockmart city permit to complete and court records state the permit was signed by Sandra Wheat but was in Lester’s name. The total valuation of improvements was an estimate $40,000, according to Hogue’s lawsuit.
Court records state that Hogue and Lester agreed for Wheat, as contractor on the project, to be the intermediary. Hogue said he sent invoices to Lester through Wheat regularly for payment but said he never received a payment.
Hogue’s company pulled off the job for lack of payment Nov. 5, the suit states.
He is now looking for $46,536.25 plus legal expenses for reimbursement, the lawsuit states.
Lester said he’s already paid it.
He said he contracted for all remodeling work designated as his responsibility in the rental agreement through Wheat since Wheat’s construction company would already be doing work for Sandra Wheat and Jimmy Smith.
“I wrote Tim Wheat a check for all of it,” Lester said.
“I don’t care,” Hogue said. “If he paid Tim Wheat and Tim took the money, that’s Lester’s own fault.”
The invoices were given to the court as evidence in the suit. Only one details the work done. Others simply states “all materials” or “labor used.” None were signed by Lester or Wheat.
Hogue said he thought he had done his homework on researching the project and those involved with it before agreeing to do the work. However, he said Tim Wheat used the name “Wheaton” and that name came back with a clean report and no complaints.
Wheat does have complaints filed against him in several counties.
Hogue said it would serve Lester to be more pro-active in the situation because Hogue said he wasn’t the only sub-contractor going unpaid in the project.
“What Lester should do is get all the subs together and tell them what the deal is, make up a payment plan, get it open and make some money,” he said. “Sitting there like it is isn’t good for anybody.”
Smith, who is paying the rent and some of the labor and construction costs, said he is trying to open the business as Yellow Jackets, which will be a sports bar and grill. He said last week he has a possible partner and construction should start soon.
Smith plans to have it open in 60 days.