Hazlett & Hancock Construction Co. v. Virgil Womack Construction Co.

Beasley, Judge.

General contractor Hazlett appealed from a default judgment in a suit against it and a subcontractor brought by Womack, the materials supplier for the project.

Count one of the suit alleged that $17,333.40 was due and unpaid under a contract; count two claimed the same sum on principles of quantum meruit and restitution based on defendants’ unjust enrichment; count three sought damages for defendants’ stubborn litigiousness and bad faith. Hazlett failed to respond within thirty days of service of process, OCGA § 9-11-12 (a), or to open the default by right within the fifteen-day…