LIENS AGAINST DEKALB COUNTY AND CLAIMS OF VIOLATION OF THE FALSE CLAIMS ACT ATTACHMENT 6 Question: Why did a LSBE Vendor file a Material Men’s Lien against DeKalb County? Why were the documents that showed the violation of the False Claims Act, fraudulent checks, false lien releases, false documentation, kickbacks, bid-rigging, etc. ignored? Why did Nina Hall withhold these documents from CEO Burrell Ellis? Page 7 of 862015 LUSBE Complaint not forwerdet fo CEO by rina hall -FW Urge! - Prime Contractor non-compliance wLS8E Ordnance him From: “Hall, Nina A. Ser Wednesday, July 27, 2011 5:22 PM To: Subject: FW: Urgent! - Prime Contractor non-compliance w/LSBE Ordinance Attachments: results_10-100225[1].pdf; awards_09-100151.pdf; awards_09-100154.pdf {BiBKiia your staff have an opportunity to follow up with Ms. Creagh? ‘Mr. Walton, A. Lhave not forwarded this to the CEO. Do you wish to contact Ms. Creagh to see how you may be able to assist? Let me know. ‘Thanks, Nina From: CEO Burrell Ellis ‘Sent: Thursday, July 14, 2011 10:58 AM To: Hall, Nina A. Subject: FW: Urgent! Prime Contractor non-compliance w/LSBE Ordinance From: Executive Director[SMIP:M7VENHOUSING@YAHOO.COM] ‘Ser thursday, July 14, 2011 10:57:49 AM To: CEO Bure Es ‘Subject: Urgent!! - Prime Contractor non-compliance w/LSBE Ordinance Auto forwarded by a Rule Dear Mr. Ellis, Tam sending you this email to try to prevent a grave injustice against the citizens of DeKalb County. We are a nonprofit organization who have been assisting small businesses in growth through our Small Business Enterprise Strategic Growth Program. We specifically selected DeKalb County to launch our program because the LSBE program is the only program in the state of Georgia that has an Ordinance that supports Small Business growth. This is a wonderful program and we will be sending our two-year experience with the program in a follow-up letter. However, due to the urgency in this matter, I could not wait for that letter to inform you of a Prime Contractor who has deliberately and continuously violated the LSBE Ordinance. I have attached a copy of the bid results of a new Energy Star Roof that is about to be awarded (ITB 10-100225) where this Prime Contractor (S. Garrett and Company) is tabulated as the low bidder. ledVF:SBE20CoMplains2OnoK2Ote War de2OH Z0CEO20by%c0rina2Ohal%2O-FW20Urgnk%Z0-%20FrimeHk20Convacter%zonen-compl.. V2exams (SBE Complaint ot orwarded to CEO by nina all -FW Urgent - Prime Cortactrror-compliance w.SBE Ordnance him However, due to the continuing non-compliance of this prime to the LSBE program it would be a grave injustice to the citizens of DeKalb County to award this contractor yet another contract under the Department of Energy in which they have a track record from the previous two awards they received in excess of $650,000 (see attached awards for Recorders Court and DeKalb Various - Pole Bridge, Briarcliff Library, Atlanta Senior Center and Wesley Chapel Library). Tam a witness throughout both awarded projects to the cont Ord Prime this Prime used the LSBE eerification to get the award ofthe project and has and continues to deduct charges so as not to pay the LSBE the 20% portion of the contracts. The LSBE has filed several complaints and still at this time is owed over $60,000 from this Prime from funds that have been paid by DeKalb County. Ms. Sharron Walker in Contact Compliane hs been diligent in trying to oe this to receive funds withthe intent and/or execution of non-compliance withthe requirements that were submitted to get the award. I employ you to look into this matter, not only for the LSBE, but for the LSBE Ordinance, the citizens of DeKalb County and for future finding Som the De zy This kind of behavior can not be tolerated and DEFID Decatur Library Roof Replacement to make sure a prime who has the respect and true sugtinss for the LSBE program is selected for this project. Feel free to contact me via email or phone, Beverly Creagh Executive Director M7ven Supportive Housing and Development Group Ine Phone: (404)604-4300 Fax: (404)758-4750 website: http://m7vensupportivehousing.webs.com/ blogsite: http://m7shdgroup blogspot.com "We Advocate to remove small business barriers."From: ‘Walker, Sharon” Sent: Tuesday, October 04, 2011 9:42 AM To: Walton, Kelvin = ce: Bowman, Alita Subject: Follow-up to July Meeting on Energy Star Roofs Contracts (Strickland vs Garrett) ‘Attachments: BL_Utiization_090911.df; WC_Utilization_090911.pat Kelvin: Mr. Strickland called today and he is very upset because he hasn't heard back from you, even though I contacted him on your behalf. In the last meeting you and | had with Mr. Strickland and the Garrett Company, he states that your last words were “I will be getting back to you with a resolution’. | contacted Mr. Strickland on your behalf, and Mr. Strickland chose not to contact me, but instead sent the email below to you. He just called me a second ago and was very upset because he says you didn’t answer his email (see below). ‘aaaasane jason tersneadigpicc him of the following’ When he received my message the other day, | was contacting him on Mr. Walton's behalf. He signed a subcontract with Garret basically giving them the right to most of all that they did. His contract is with the Prime and not with DeKalb County. Because of our efforts, we were able to get him a substantial amount of the back pay. | will get the bond company's information and provide it to him; perhaps he can go that route. @aeNa Mr. Strickland says he still wants to hear back from you. Let me know how you want me to proceed Sharon A. Walker, MCA Deputy Director DeKalb County Government Department of Purchasing and Contracting Contract Compliance Division Manuel Maloof Building 1300 Commerce Drive, - 2nd Floor Decatur, GA 30030 (404) 371-6395 Phone (404) 371-2511 Fax From: Hopie Strickland [mailto:stricklandsonconstruction@gmail.com] hursday, September 29, 2011 12:37 PM falton, Kelvin Cc: Walker, Sharon; Executive Director Subject: Follow-up to July Meeting on Energy Star Roofs Contracts Hello Mr. Walton,Please find attached a copy of the latest LSBE Subcontractor utilization reports on Contract #10-902017 for Briarcliff Library and Wesley Chapel Library I submitted to Contract Compliance on 09/09/11. It has been two (2) months since our meeting on July 29, 2011 and I have been patiently awaiting my final payments owed on the two contracts S. Garrett and Company has with DeKalb County under the Department of Energy grant. As of today, all five (5) of the roofs under the two contracts are complete and Strickland & Son Construction, LLC, as the LSBE on both contracts is due the following: Contract #10-90017 - Energy Star Roof Replacement at Recorders Court - $5,268.52 (Complete 06/30/11) Contract #10-90217 - Energy Star Roof Replacement DeKalb Various - $43,996.84 Pole Bridge (Complete) = $1,362.28 Senior Center (Complete) - $3,612.21 Briarcliff Library (Complete) _- $ 1,744.75 Wesley Chapel Library (Complete) - $37,277.60 As both of these contracts have been breached repeatedly and currently still in breach by S. Garrett and Company, I am requesting the payments owed to me from these two contracts totalling $49,265.36 be deducted from any monies DeKalb County owes on these two contacts and paid directly to Strickland & Son n addition, | will release any claims to the additional work I completed under the two contra look forward to hearing from you. Sincerely, Hopie Strickland, IIL President Strickland & Son Construction LLC 6235 Short Road, Unit #B Fairburn, GA 30213 Phone: (770) 780-4928 www. stricklandsonconstruction.services.officelive.comFrom: ‘Hall, Nina A. Sent: Tuesday, October 04, 2011 3:47 PM To: 4 Subject: FW: Urgent! - Prime Contractor non-compliance w/LSBE Ordinance Hi Kelvin, Please see email below. Call me regarding this matter. A meeting is being requested with the CEO that I'm going to refer over to the COS Office. From: Executive Director [mail Sent: Tuesday, October 04, 2011 To: Hall, Nina A. ‘Subject: Re: Urgent! - Prime Contractor non-compliance w/LSBE Ordinance i7venhousing@yahoo.com] 6 PM Ms. Hall, Treceived a call from Mr. Hopie Strickland of Strickland & Son Construction concerning the Dept of Energy ‘grant funded Energy Star Roofs in which he was the LSBE Subctontractor with S. Garrett and Company. As of today, I am told that Strickland & Son Construction is still owed $49,265.36. Mr. Strickland has requested that ‘we accompany him to a meeting with CEO Ellis concerning this matter as soon as possible. I have included an excerpt from the email he copied me on to Mr. Kelvin Walton asking DeKalb County deduct what is owed Strickland & Son Construction from the balance due S. Garrett and Company: Contract #10-90017 - nergy Star Roof Replacement at Recorders Court - $5,268.52 (Complete 06/30/11) Contract #10-90217 - Energy Star Roof Replacement DeKalb Various - $43,996.84 Pole Bridge (Complete) = $1,362.28 Senior Center (Complete) - $3,612.21 Briarcliff Library (Complete) ~ $1,744.75 Wesley Chapel Library (Complete) - $37,277.60 "As both of these contracts have been breached repeatedly and currently still in breach by S. Garrett and Company, | am requesting the payments owed to me from these two contracts totalling $49,265.36 be deducted from any monies DeKalb County owes on these two contracts and paid directly to Strickland & Son Construction, LLC. " (quoted text from Hopie Strickland email to Kelvin Walton, copied to M7ven) ‘Thanks. Beverly Creagh Executive Director ‘M7ven Supportive Housing and Development Group Inc Phone: (404)604-4300Fax: (404)758-4750 website: hitp://m7vensupportivehousing.webs.com/ blogsite: hitp://m7shdgroup. blogspot.com "We Advocate to remove small business barriers." From: "Hall, Nina A." ‘To: M7VENHOUSING@YAHOO.COM Sent: Wednesday, July 27, 2011 5:23 PM ‘Subject: RE: Urgent! - Prime Contractor non-compliance w/LSBE Ordinance Ms. Creagh, Your email has been received in the Office of CEO Burrell Ellis. Thank you for writing and sharing this information. This matter has been referred to the Director of Purchasing and Contracting, Mr: Kelvin Walton) for review and follow up. Sincerely, NINA A. HALL | SPECIAL ASSISTANT TO CEO BURRELL ELLIS, DEKALB COUNTY GOVERNMENT 330 W. PONCE DE LEON, DECATUR, GA 30030 ‘OFFICE: (404) 371-6304 | FAX: (404) 371-6291 | EMAIL; NAHALL@DEKALBCOUNTYGA,GOV a [TAKE THE PLEDGE From: CEO Burrell Ellis Sent: Thursday, July 14, 2011 10:58 AM. fall, Nina A. Subject: FW: Urgent! - Prime Contractor non-compliance w/L SBE Ordinance From: Executive Director[SMTP:M7VENHOUSING@YAHOO.COM] hursday, July 14, 2011 10:57:49 AM £0 Burrell Elis ‘Subject: Urgent!! - Prime Contractor non-compliance wiLSBE Ordinance Dear Mr. Ellis, Tam sending you this email to try to prevent a grave injustice against the citizens of DeKalb County. We are a nonprofit organization who have been assisting small businesses in growth through our Small Business Enterprise Strategic Growth Program. We specifically selected DeKalb County to launch our program because the LSBE program is the only program in the state of Georgia that has an Ordinance that supports Small Business growth. This is a wonderful program and we will be sending our two-year experience with the program in a follow-up letter, However, due to the urgency in this matter, [ could not wait for that letter to inform you of a Prime Contractor who has deliberately and continuously violated the LSBE Ordinance. I have attached a copy of the bid results of a new Energy Star Roof that is about to be awarded (IT'B 10-100225) where this Prime Contractor (S. Garrett and Company) is tabulated as the low bidder. However, due to the continuing non-compliance of this prime to the LSBE program it would be a grave injustice to the citizens of DeKalb County to award this contractor yet another contract under the Department of 2Energy in which they have a track record from the previous two awards they received in excess of $650,000 (see attached awards for Recorders Court and DeKalb Various - Pole Bridge, Briarcliff Library, Anta Senior Center and Wesley Chapel Library). I am a witness throughout both awarded projects to the continuous non- compliance with the LSBE Ordinance by this Prime. Basically this Prime used the LSBE certification to get the award of the project and has and continues to deduct charges so as not to pay the LSBE the 20% portion of the contracts. The LSBE has filed several complaints and still at this time is owed over $60,000 ftom this Prime from funds that have been paid by DeKalb County. Ms. Sharron Walker in Contract Compliance has been diligent in trying to get this prime to do right in order to complete the projects on time. This conduct is a violation of the county's LSBE Ordinance as well as the Federal government's False Claims Act. It is unlawful to use certification to receive funds with the intent and/or execution of non-compliance with the requirements that were submitted to get the award. I employ you to look into this matter, not only for the LSBE, but for the LSBE Ordinance, the citizens of DeKalb County and for future funding from the Department of Energy. This kind of behavior can not be tolerated and DEFINITELY should not be rewarded with additional awards of contracts from DeKalb County. So, please check into the new project (ITB 10-100225) Decatur Library Roof Replacement to make sure a prime who has the respect and true compliance for the LSBE program is selected for this project. Feel free to contact me via email or phone. Beverly Creagh Executive Director M7ven Supportive Housing and Development Group Ine Phone: (404)604-4300 Fax: (404)758-4750 website: http://m7vensupportivehousing.webs.com/ blogsite: http://m7shdgroup. blogspot.com "We Advocate to remove small business barriers." “Effective July 1, 2010, the DeKalb County Government's email domain has changed from: NAME@co.dekalb.ga.us to our new email domain address: NAME@dekalbcountyga.gov” Please update your email contacts.Elsabeth@etizabethscook com %, Decenber 6, 2011 Timothy N, Toker ‘The Candle Bil 127 Peace Stet, Suite 1901 ‘Arana, Georgia 30303-1828 RE: Claim of amounts due for services performed by Striekdand 8: Son Construction, LLC, A Georgian Limited Liabitity Company, Lien Claimant, in reference to the following Properties: 1, 2861 Wesley Chapel Road 3. 4664 Flat Bridge Road Decatur, Georgia 30034-2314 Lithonia, Georgia 30038-4232 gO 2277S Bric Road NE 4. 25 Warren Stret, SE ‘Ailanta, Georgia 30329-3250 Ailanta, Georgia 30317-2201 st Mr. Toler, ‘Thank you for your leter of Novernber 22, 2011 My client, Strickland & Son Construction, LLC, A Georgia Limited Liability Company, is happy to immediately release all four Properties referenced above from the Material Men's Liens filed against your clint, the Contractor, 8. Garett & Company, and the identified Properties upon my clients recep of payment in full ‘pursuant tothe Contract entered into for servies that have been fully performed by my client on all four Properties. Please not, a review of the Contract executed by Strickland & Son Construction, LLC, on January 20, 2011 and by S. Garrett & Company, on January 25, 2011 indicates thatthe funds due for payment specified in the Liens and funds due pursuant to the Contract for the services performed by my client in reference to these Properties ate identical Dekalls County, Georgia has provided documentation that the services requested pursuant tothe Contract have ‘been fully completed. My client completed all work tothe letter of the Contract and therefore should be fully compensated tothe letter of the Contract. Dekalb County, Georgia has also provided documentation that funds for payment in fll pursuant tothe Contract were delivered to your elient the Contractor, $, Garret & Company, In tum, its the responsibility of your client based upon the Contract to pay the subcontractor, Strickland & Son Construction, LLC, forthe legitimate work the subcontractor has completed, Finally, pursuant to Dekalb County, Georgia's letter of October 26, 2011 a copy of which is enclosed herewith ‘addressed to my client, Dekalb County, Georgia, the Owner of the Properties, specifically instructs my client to pursue “any civil or legal remedies” agzinst your client that my client might have for your clients failure to ‘comply with the Consact Please tender payment in full forall four (4) liens and my client will immediately release all lens of record. ‘Thank you, Elizabeth S, Cook Attorney 6, Strickland & Son Construction, LLC and S. Garrett & Company Prefiminary ond Tenia ‘For Discussion OnlyWov. 22. 2011 10:40AM = Toler and Hanrahan LLC No. 5220 PF, 2 TOLER ASSOGIA ES Ino Cana Bang tels7.700.2007 Ske 127 Porites Soto 1301 | fac 676 70.3011 TIMOTHY N. TOLER 993010 November 22, 2011 ‘Via Fax No, 404-257-0696 And First Class Mail Elizabeth 8. Cook, Esq. 4840 Roswell Road, NW, Building B, Suite 100 ‘Atlanta, GA 30342 RE: Improper Claims of Lien filed for Strickland & Son Construction, LLC Dear Ms, Cook: I waite on behalf of my client, S. Garrett and Company (“Garrett”), in response to four claims of lien filed by you on behalf of your client, Strickland & Son Construction, LLC (“Strickland”). Copies of the four claims of lien, filed with the Clerk on November 16, 201], were provided by you (o Susan Garrett under cover letters dated November 15, 2011. Strickland was a subcontractor to Garrett on one or more projects for DeKalb County, Georgia, a public entity. As you readily acknowledge in each of your cover letters, the owner of the properties on which you have fited your claims of licn is DeKalb County. Because DeKalb County, Georgia, is a public body, and the projects are public properties, Strickland has no right under Gcorgia law to place a lien on the project properties. See Vakilzadeh Enterprises, Inc., v. Housing Authority of the County of DeKalb, 271 Ga. App. 130, 608 S.E.24 724 (2004) (copy enclosed). Garrett is incurring, and will continue to incur, damages as a result of these illegal liens. Demand is hereby made upon you and Strickland to immediately cancel of record In the event Garrett is forced to take legal action to remove the liens, such as filing a petition to void the liens, Garrett will seek to recover from you and Strickland its reasonable attorney's fecs and costs incurred in such proceedings, Garrett expressly reserves its right to pursue claims against you and Strickland for damages caused by your improper filings and failure to cancel the Megal liens. Talso note that the claims of lien fail in numerous ways to comply with Georgia's lien statutes and assert claims for monies that are not duc. ‘This matter demands your immediate attention. Very truly yours, TimohyN. Toler EnclosureNov. 22. 2011 10:41AM Westlaw. 608 $8.24 724 271 Ga.App. 130, 608 S.E.2d 724,05 FCDR 22 (Cite as: 271 Ga. App. 130, 608 S.R.2d 724) Court of Appeals of Georgia. VAKILZADEH ENTERPRISES, INC. HOUSING AUTHORITY OF THE COUNTY OF DeKALB, Georgia, No. A04A2319. Dee. 16, 2004, Backgrounds County housing authority filed petition to void lien of record regarding construction compa- ay's work on housing development for Tow-to-moderate-income families. Following a hear= ‘ng, the Superior Court, DeKalb County, Seeliger, J, _runted petition, Construction company appealed Holding: The Court of Appeals, Johmsoa, PJ. held {hat construction company could not file lien on Affirmed. West Ileadnotes Counties 104 129 104 Counties 1O4Y. Contracts 104k129 k. Rights and Remedies of Contractor ‘and Suretis. Most Cited Cases Construction company that was hired by county hovsing authority 10 build housing development for Tow-to-moderate-income families could not file Yen ‘on property for allegedly unpaid work, although property purportedly would be sold to private parties by housing authority following completion of con- struction; housing authority was a public body, and ‘property was and would continue to be publie property used for essential public and governmental purposes as long as housing authority owned property. West's ‘Ga.Code Aum. §6 8-3-2, Be3:3( 1A), 83-3000), ‘#725 132 David J. Merbaum, Roswell, for appel- Toler and Hanrahan LUC No. 5220 -P. 3 Page 1 lant 4133 Powell, Goldstein, Franzr & Murphy, Patrick J. OlConnor, Grewory H. Worthy, Atlanta, for appellee *130 JOHNSON, Presiding Judge. “The faes in tis ease are notin dispute. On March 7, 2002, Afferdable Housing Development Corpora: tion of DeKalb entered into a contract with Vakilzadeh Enterprises, d/b/a Allsates Construction Company (*Allstates"). Affordable Housing is a nonprofit sub- Sidiary corporation created by the Housing Authority of the County of DeKalb, Under the contract, Alistates agreed to provide all labor, materials and equipment for development work of the Sugar Mill Creek Sub- division (he “Project"), located in DeKalb County. “The Project is located on 53 acres of land ovmed by the Housing Authority and is intended to he an af- fordable "housing development for low-to-moderate-income families. In November 2003, as provided for in the con- tract, Affordable Housing assigned its contract with Allsiates to the Housing, Authority. On January 9, 2004, the Housing Authority terminated the contract, effective January 19, 2004, purportedly due to All states' numerous defaults under the contract. On Jan- tary 22, 2004, Allstats fled @ complaint for breach of ‘contruct against the Housing * 31 Authority, claiming, the Housing Authority had failed to pay money due ‘under the contract listates also filed a materialmaa's lien on the property, The Housing Authority notified Allstates that the property was public ané suggested that Allstates did not have lien rights on the property. ‘Because a construction loan closing was scheduled 10 take place on May 20, 2004, and the Fien would likely prevent the closing from taking place, the Housing Authority filed a Verified Petition to Void Lien of Record on May 13, 2004, ‘The wial court granted the Housing Authority's request for an hearing, and a bearing was Iield on May 19, 2004. Following the hearing, the wal court granted the Housing Authority's petition to ‘move the ficn from the property, finding thar nothing in Gcorgia law authorizes the placing ofa lien against public property and thatthe property at issue is public property inasmuch as it is owned by the DeKalb ©2011 Thomson Reuters. No Claim to Orig. US Gov. Works,New. 22. 2011 10:41AM 608 SB.2d 728 271 Ga App. 130, 608 S.k.2d 724, 05 FCDR 22 (Cite as: 271 Ga-App. 130, 608 S..2d 724) Housing Authority, a public institution, Allstaes ap- Deals, alleging the trial court erred in finding that its Fem was not authorized by Georgia law and in voiding the lien. Notwithstanding Allstacs’ purported failure to file a timely or verified responsive brief inthe trial ‘court, we have considered this case on the merits, and wwe find no error. Allstates does not dispute that the Housing Au thority is a public body and its property is public property. Nor docs Allstates contest the general theory ‘hat claims of liens against public property are not ‘nforceable. Rather, Allstates claims on appeal that it ‘us entitled to file a lien against the Housing, Author~ lty's public property because the property was not going to be used for a public purpose; the Tlousing. “Authority was going to sell the property fo individuals ‘We find no merit to this contention, While Allstatos cites a number of cases from foreign jurisdictions the outcome of this case is clear siven the Georgia legislature's statutory promulga- tions: 1. The Housing Authority is a publie body. OCGA §§ 83.2; 8.3.3. “The property of an authority is declared to be public property used for essential public and goy- erent purposes aad not for purposes of private cor eorporate benefit and income,” EN2, OCGA §8:3:8 Given these statutes, it is clear that the property ‘upon which Allstats attached its lien is “public property used for essential public and governmental purposes.” As such, Allstates was not authorized une der Georgia law to file a lien on the propery. Allstates urge this Court to reconsider Georgia's wellesablished rule that Ties cannot be led on public propery by arguing thatthe property will nat be “used for public **726 pumoses” because the Housing Autherity wil sell the property once cot struction i completed. However, this argument fies ite cf Geri sry nwt 0 Wy limits tho means arthe methods by which the Fo ‘Authority "can accomplish is primary mission of Toler and Hanrahan LLC No. 5220. 4 Page2 providing low-Income individuals and families with affordable housing or how the Housing Authority can develop its housing project: 4. The Housing Authority may “prepare, camry out, augur, lease, and operate housing projects; provide for the constuction, reconsrucion, im provement, alteration, or repair of any housing Droject or any part thereoP” "and 1 “sel, lease, exchange transfer, assign, pledge. or dispose of ay real or personal property or any interest therein.” ENS, OCGA § £.3.30(8)), ENA, OCGA § 8:3-30(0)4). . One definition of a “housing project” s any work or underking to provide decent, safe, and saitary shan or rural dwellings, apartments, or oer tving secommodations for persons of low income** ENS. OCGA § §:3-3(10K AX. By siaute, the Georgia General Assembly has rmandated that property owned by the Housing Au- thority i publi property used for essential public and governmental purposes. Nothing the Housing Au- thority can do to the property, while in the Housing Autoritys possession, can alter its public character and nature Therefore, at least until the Housing ‘Authority's property is sold to private individuals, an event which may oF may not occur, the propery is and ‘will remain public property used for essential public and goveramental purposes. Allstates had no ght ‘under Georgia law to place a Tien on the Housing Authors property, tod the tral cout properly ‘voided Allstate Fen ENG, See Neal-Millerd Cov. Truttees of Chatham Academy, 121 Ge 208, 213-2 ASE. 978 (1900). ENT. OCGA § 44-14-3670), Judgment affirmed. ‘SMITH, C.J, and PHIPPS, J, concur: Ga.App,2004, Vakilzadch Enterprises, Inc. v. Housing Authority of (©2011 Thomson Reuters. No Claim to Orig US Gov. Works,Nov. 22, 2011 10:41AM = Toler and Hanrahan LUC 608 SE20 724 211 Ga.App. 130, 608 $.£.2d 724, 05 FCDR 22 (Cite as: 271 Ga.App. 130, 608 S.K.24 724) County of DeKalb 271 Ga.App. 130, 608 S.B.2d 724, 05 FCDR 22 END OF DOCUMENT ©2011 Thomson Reuters, No Claim fo Orig. US Gov. Works.ansz014 Print ‘Subject: FW: Strickland and Son's Liens From: James Cauthen (james@ielizabethscook.com) To: bacreagh@bellsouth.net; Date: Tuesday, December 13, 2011 2:42 PM Beverly, See below. Elizabeth asked that | forward this email to you. James Cauthen PreCloser Bizabeth S. Cook, Attorney at Law 4840 Rosw ol Road Building B, Suite 100, Alanta, Georgia 30342 (p) 404-257-1720 (404-287-0896, james @elizabethscook.com NOTICE: This emzil and af attachments have been sent to you from an ATTORNEY'S OFFICE and are CONFIDENTIAL and intended SOLELY {or the recipients as identfied in the "TO", "CC" and "BCC" ines ofthis EMail. F you are not the intended recpient, your race of this EMal and ls attachments isthe result ofan inadvertent disclosure or unauthorized transmittal. Sender reserves and asserts alright to ‘confidentaiy, including al privileges, which may apply. Pursuant io those rights and privieges, mediately DELETE and DESTROY all Ccopies ofthe EMail and ts attachments, in whatever form, and irmediately NOTIFY the Sender of your receipt ofthis EMail. Do not review, ‘copy, or rely on in any way the contents of this EMail and its attachments. NO DUTIES ARE INTENDED OR CREATED BY THS COMVUNICATION. I you have not oficialy retained ths Attorney's Office to represent you, this fm does NOT represent you ss your attomey. You are encouraged to retain counsel of your choice if you desir to do $0. Alright of the Sender for violations of confidentialty ‘and privieges applicable to this Edeil and any attachents are expressly reserved. ‘Sent: Tuesday, December 13, 2011 2:37 PM To: 'KLWalton@DelalbCountyGa.gov’ "LMBrill@ DekalbCountyGa.gov’; James Cauthen Subject: Strickland and Son's Liens soouttlank 2arcane Print Laurie and Kelvin, Please provide copies of any information related to any bonds that might be applicable to the Liens that were fled against public property in an effort to obtain payment from the Contractor pursuant to our telephone comersation of this day. twas a pleasure to speak with you. Any persuasive authority you might exercise with the Contractor since you have paid the Contractor in full and the Contractor has not properly paid the sub-contractor would be sincerely appreciated. The sub-contractor fully performed all work based upon the Contract and is entitled to payment. | Understand the sub-contractors were approved by you based upon Dekalb County's Ordinance to use local sub- contractors. It seems as though the Contractor is illegally retaining payment. ur goal is to reach the Contractor by fling the Material Men’s Liens. In order to perfect a Lien when a Sub- contractor is seeking payment, the Subcontractor must sue the Contractor, frst. We seek a quick resolution to this problem and require only proper payment. Your help would be greatly appreciated Thank you, Elizabeth S. Cook Attorney at Law 4840 Roswell Road, Building B, #100 Atlanta, Georgia 30342 (404) 257-1720 Telephone (404) 257-0696 Facsimile NOTICE: This email and all attachments have been sent to you from an ATTORNEY'S OFFICE and are CONFIDENTIAL and intended SOLELY for the recipients as identified in the "TO", "CC" and "BCC" lines of this EMail. If you are not the intended recipient, your receipt of this EMail and its attachments is the result of an inadvertent disclosure or unauthorized transmittal. Sender reserves and asserts all rights to confidentiality, including all privileges, which may apply. Pursuant to those rights and privileges, immediately DELETE and DESTROY all copies of the EMail and its attachments, in whatever form, and immediately NOTIFY the Sender of your receipt of this EMail. Do not review, copy, or rely on in any way the contents of this EMail and its attachments. NO DUTIES ARE INTENDED OR CREATED BY THIS COMMUNICATION. If you have not officially retained this Attorney's Office to represent you, this firm does NOT represent you as your attorney. You are encouraged to retain counsel of your choice if you desire to do so. Alll rights of the Sender for violations of confidentiality and privileges applicable to this EMail and any attachments are expressly reserved. seouttlank 22raiaots ‘Gmail - Fwd: Uslization Report Mesting Request Graail ee Fwd: Utilization Report Meeting Request ‘1 message Hopie Strickland Thu, Dec 4, 2014 at 12:28 PM To: Viola Davis ——— Forwarded message From: *Hopie Strickland” Date: Nov 26, 2014 12:28 PM . Subject: Utilization Report Meeting Request ~ To: "Williams, Zachary L.* , "Leak, Claudette F." , "Chester, Sherita S." Ce: "Executive Director" , "Hopie Strickland” ‘Hello Mr Williams, This email is in response to the request fora meeting conceming the utilization reports on the Energy Star Roof Replacement at DeKalb Various Projects and the Energy Star Roof Replacement at Recorders Court with the prime S Garrett and Company and various DeKalb County Departments. I was given a call yesterday at approximately 4:30 p.m. from Alita Bowman in the DeKalb County Purchasing Department. As I was in a meeting with a customer, | requested that she call me back and leave her request on my voice mail so that | could respond. She left the message that she was trying to schedule a meeting conceming my Utilization Reports. ‘Since, I was not familiar with Alita Bowman (other than knowing that she was the former secretary of Kelvin L Walton), | called Ms Chester this moming to find out who Alita Bowman was in regards to this issue. | also said that | wanted to go over the utilization reports with the actual checks that | received in payment from S Garrett and Company. Ms Chester did not have the reports in front of her at the time of my call and said that she would call me back, which she did. Approximately 10 minutes later she called me back and said that she was finishing her report and that there was nothing else she needed from me including a discussion of the utilization reports. | asked why, and she said that since both the Prime and myself had refused to meet there ‘was no need for the meeting. However, | had already said that | would meet with the County outside of the Prime because the Prime (Bill and Sue Garrett) had on previous occassions thrown documents at me, disrespected me verbally in the presence of the County personnel and basically shown no consideration for me or even the county representatives. Therefore, | was unwilling to subject myself to this type of behavior that would be forthcoming. | have provided documentation from S Garrett and Company where they submitted fraudulent checks as proof of es company, created false lien releases with those same fraudulent 5, Submitted ise documents claiming/an association with subcontractors and subcontractor payments that I have no afflition with, and assigned scope of work (Asbestos Removal) to me that | do not have expertise or certification to do and thereby causing a liability to my company, claiming payments to me that | never received to put a tax: ‘ibility on me to the IRS end thereby avoiding payments of taxes the Prime owes to the IRS; and signing requesting payments from me as a kickback for my participation on the contracts. In every ‘instance, | informed the County of these actions. Ihave spent the past 3 years demanding that the County do right by me in their refusal to enforce the LSBE portion of the contracts they had with the Primes in which my company was a partcipant. DeKalb County willfully and without any regard to the outcome, advertised, marketed and certified my company as an LSBE with the promise of using the mechanisms set up in the LSBE Ordinance to GUARANTEE my full payment on any work | did under DeKalb County contracts as an LSBE. Never once did DeKalb County use any of the remedies they had at their disposal to force the prime to pay me. In addition, due to my costs that | have incurred in participating in the LSBE program, it appears that the County perpetrated a fraud by inducing me to participate in the LSBE Program with the promise of guaranteeing my payment of work done and invoiced to the prime, while having no intention of doing so. (Even when | filed'the liens on all four of the buildings under DeKalb Various Projects. the County did nothing to this Prime, but instead awarded them a third Energy Star contract. ps:imal.google.camimaliAyOrui=28/k=SecBoRoEcbEviow=plsearchrinboxBth= Mal6S8oeafe36O7EsimI= MatESSbcakI6o7 wrewrote (Gmail -Fwé: Utlizaion Report Meatng Request | ask that in conclusion, the County does the right thing, by paying Gi fel tim of $350,000 tats due and owing from the County who accepted all of these false documents and payments and submi to the Federal goverment as proof of payment to all sub-recipients under the $6.5MM Energy Gr po that DeKalb County received from the Department of Energy. | further ask that the informs the federal ‘govemment that the and th Finally, let it be known, that Del nt ‘and wilfully assigned the third Energy Star Roof Replacment at Decatur Libary contract to S Garret knowing that these issues existed at the time of award of this contract. /T e | look forward to hearing from you real soon. Sincerely, Hopie Strickland, II] President Strickland & Son Construction LLC 6235 Short Road, Unit #8 Fairoum, GA 30213 Phone: (770) 780-4928 aww stricklandsonconstruction. services. officelive.com tpl googe-comimaihs0"2u=28ik=Soadethscbsvlen=ptassarchinbexBih= 4a 6S8hceleS8b7Esiml= 14a058bcaf9047re From: Bowman, Alita Sent: Tuesday, September 09, 2014 12:27 PM To: Williams, Felton 8. Subject: FW lien filed against DeKalb County by Strickland and Son Construction re: S. Garrett Construction Alita Bowman ‘Administrative Coordinator Office of the Director and Chief Procurement Officer Dekalb County Department of Purchasing and Contracting 1300 Commerce Drive’ Room 202 Decatur, GA 30030 404-371.2737- ph 404-371-7006 - fax abowman@dekalbcountyga.gov Original Message~ From: Broome, Yolanda Sent: Wednesday, November 23, 2011 8:31 AM To: Bowman, Alita Subject: FW: lien filed against DeKalb County by Strickland and Son Construction re: S. Garrett Construction Per a discussion with Joyce this morning, she doesn't know anything about handling this lien. | told her that Debra has decided to handle. This was a communication issue. All| needed to kriow was that they needed a law memo. Thanks for your help, as always. Yolanda Yolanda D. Broome, .D. Contract Administrator Dekalb County Department of Purchasing and Contracting 1300 Commerce Drive, 2nd Floor Decatur, Georgia 30030 404.371.6337 direct 404.371.6327 fox ybroome@dekalbcountyga.gov Original Message— From: Walker, Sharon Sent: Tuesday, November 22, 2011 4:01 PM To: Bowman, Alita ‘night, Nathan; Broome, Yolanda Subject: RE: lien filed against DeKalb County by Strickland and Son Construction re: S. Garrett Construction 1Ait Yes | agree. Several times you have given me items that are normally handled by Jeff or someone else and when I send it to him/them, itis never a problem. Just like when projects | handle are routed to other Deputies and they give it to me, itis not a problem. fit were up to me, I would have asked Joyce directly. But since Yolanda is Acting as Manager, | went to her first. |lam sure KLW has no interest in us re-inventing the wheel (for the sake of time). | agree with you, | just want the work to get done too. Communication is wonderful. ‘Sharon A. Walker, MCA Deputy Director DeKalb County Government Department of Purchasing and Contracting Contract Compliance Division Manuel Maloof Building 1300 Commerce Drive, - nd Floor Decatur, GA 30030 (404) 371-6395 Phone (404) 371-2511 Fax —Original Message-—- From: Bowman, Alita Sent: Tuesday, November 22, 2011 3:41 PM To: Walker, Sharon Ce: Knight, Nathan; Broome, Yolanda; Foster, Joyce Subject: RE: lien filed against DeKalb County by Stric Jand and Son Construction re: S. Garrett Construction Sharon, You can call KLW directly at any time you wish, his door is always open. | hope that | have not given you the impression that you can't speak with him. Since his appointment he's been busier than normal, but | make sure that he receives all of his messages, especially from staff, If this is something that Joyce is familiar with, then Yolanda as well as the other Administrators should be aware of the form as well. Especially, since Joyce is a part-time - retiree employee. The important thing is that we now know that Joyce is familiar with this. | am copying Nathan, Yolanda as well as Joyce on the email to ensure that this itis taken care of, which is what is important. Thanks, Alita Bowman Administrative Coordinator Office of the Director and Chief Procurement Officer DeKalb County Department of Purchasing and Contracting 1300 Commerce Drive’ Room 202 Decatur, GA 30030 404-371-2737- ph404-371-7006 - fax ‘abowman@dekalbcountyga.gov Original Message From: Walker, Sharon Sent: Tuesday, November 22, 2011 3:18 PM To: Bowman, Alita Ce: Walton, Kelvin Subject: RE: lien filed against DeKalb County by Strickland and Son Construction re: S. Garrett Construction Alita, yes, this is a LSBE, but | have never handled this before. As stated in the email to Ms. Broome, this is normally handled from Nathan's group. Joyce is familiar with it, according to Debra. In fact, she states there is a form already written up for this. Shall I call Kelvin or request that he call me through you. thanks Sharon A. Walker, MCA Deputy Director Dekalb County Government Department of Purchasing and Contracting Contract Compliance Division Manuel Maloof Building 1300 Commerce Drive, - 2nd Floor Decatur, GA 30030 (404) 371-6395 Phone (404) 371-2511 Fax ‘Sent: Tuesday, November 22, 2011 2:41 PM To: n Ce: Broome, Yolanda ‘Subject: FW: lien filed against DeKalb County by Strickland and Son Construction re: S. Garrett Construction Sharon, ng this request. He asked me to give this to'you for handling.) This is regarding one of your LSBE and the compliant that was handled by your division. Thanks, Alita Bowman Administrative Coordinator Office of the Director and Chief Procurement Officer DeKalb County Department of Purchasing and Contracting 1300 Commerce Drive’ Room 202 Decatur, GA 30030 404-371-2737- ph 404-371-7006 - fax abowman@dekalocountyga.govOriginal Message- From:(Broomie, Yolanda) Sent: Tuesday, November 22, 2011 2:03 PM ‘To: Bowman, Alita Subject: FW: lien filed against DeKalb County by Strickland and Son Construction re: S. Garrett Construction Alita: ninot familiar with any processes in Contract Administration for handling liens. | took the hard copy back to Sharon's office for handling per the note on the document from KLW. Thanks, Yolanda Yolanda D. Broome, J.D. Contract Administrator Dekalb County Department of Purch: 404.371.6337 direct 404.371.6327 fax ybroome@dekalbcountyga.gov and Contracting 1300 Commerce Drive, 2nd Floor Decatur, Georgia 30030 Original Message- From: Walker, Sharon Sent: Tuesday, November 22, 2011 1:06 PM To: Broome, Yolanda Ce: Brewer, Debra 8. Subject: lien filed against DeKalb County by Strickland and Son Construction re: S. Garrett Construction Hi ‘ane gga aa DeKalb County by Strickland and Son Construction. Ms. Brewer has notified me that Liens are handled by Nathan's Division. She believes Joyce usually processes the paperwork. | will get the hard copy over to you, and the scanned copy is attached. Please keep me abreast. Thank you so much, . Walker ‘Sharon A. Walker, MCA Deputy Director Dekalb County Government Department of Purchasing and Contracting Contract Compliance Division Manuel Maloof Building 1300 Commerce Drive, ~2nd Floor Decatur, GA 30030 (404) 371-6395 Phone (404) 371-2511 Fax Original Message—From: copier # 56876 [mailto:copier5S6876 @co.dekalb.ga.us} Sent: Tuesday, November 22, 2011 12:02 PM. To: Walker, Sharon Subject: Send data from MFP-07154243 11/22/2011 12:01 Scanned from MFP-07154243. Date: 11/22/2011 12:01 Pages:3 Resolution:200x200 DP!Oboe - ClizabethS. Cook, Dhow a Q Muon crenata se TELEPHONE (402571720 faa Ai vim at sarc TS, lla aGhl/ 1300 Commerce Drive November 15, 2011 Decatur, Georgia 30030 © 3 RE: Clsim of amounts due for services performed by Strickland & Son Construction, LLC, = ‘A Georgia Limited Liability Company, Lien Claimant = OurFileNo: 11-2968 i Property: 275 Briarcliff Road, NE S ‘Aanta, Georgia 30329-3250 VIA: Certified Mail Retumn Receipt Requested 2 Dear Ms, Walton, Hee s {In connection with the above, please find the following enclosed: © Copy of Material Man’s and Mechanics Claim of Lien filed of record in ‘Dekalb County, Georgia. . ‘This Lion is filed against Dekalb County, Georgia who is the Owner ofthe Property. The Lien is also filed against the Company, 8. Garrett & Company who is the Primary Contractor and Agent of the ‘Owner; and, it is fled against the identified Property. The Lien is fled agsinst the parties and property for failure to pay amounts due for services pecformed by the Sub-Contractor. ‘This Liem is filed by the Sub-Contractor described as follows: Strickland & Son Construction, LLC, A Georgia Limited Liability Company ‘Telephone Number: (404) 604-4300 (6235 Short Road Fairburn, Georgia 30213 ‘Upon payment in full of the amounts due ia connection with the services performed as set forth in the Contract entered into between Striektand & Son Construction, LLC, A Georgia Limited Liability ‘Company, the Lien Claimant, 8. Garrett & Company, the Contractor and Dekalb County, Georgia, the (Owner, Strickland & Son Construction, LLC, A Georgia Limited Liability Company, the Lien (Claimant, will immediately release such lien of record Forward the total sums due in the amount of $1,744.75 to avoid further action against the Owner, the Contractor and the Property by the claimant.” Sabet Go ate 8. Cook : ‘Ateroey et aw Received 4840 Roswell Road, N.W. ‘Building B, Suite 160 Date Gourt lente 12968 Clerk of Superior (rom Reference: SeediBonk cash Page 449 ?S AND State of Georgia ‘County of Dekalb Strickland & Son Construction, LLC, A Georgia Limited Liability Company, Lien Claimant, engaged in the business of improving real esiate by performing services, furnishing labor, thaterials and/or equipment, claims alien oa the real property described below, as well as, tht cetain Library and all ‘mprovemtits and equipment located thereon, and against the owners of the real property described below and their Agens as provided by law beginning November 15, 2011. ‘The Lien amount clsimed is: SI474A75. ‘The Lien is claimed against property described as: ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 157 OF THE 18TH DISTRICT OF DEKALB COUNTY, GEORGIA, BEING A 3.33 ACRE TRACT MORE PARTICULARLY SHOWN ON A BOUNDARY AND TOPOGRAPHICAL SURVEY FOR DEKALB COUNTY, GEORGIA, PREPARED BY HILL-FISTER ENGINEERS, INC, RANDY LAMON TIBBITTS, GEORGIA REGISERED LAND SURVEYOR NO. 2137, DATED JULY 18, 1988 AND BEING MORE PARTICULARLY DESCRIBED ACCORDING TO SAID SURVEY AS ‘Street Address: 2775 Briareliff Road, NE, Atlanta, Georgia 30329-3250 ‘Tax Parvel Identification Number: 18 157 02.007. Tos and Ee Jocated ‘The Lien is claimed against che following described person andlor entity who is and/or which is the Owner ofthe identified real property: Dekally County, Georgia. “This Lion is filed for satisfaction of a claim, which became due September 30, 2011 for Improving, ‘Fumiching Materials, and Labor for epairing and replacing the roof and other improvements on the {entfied real property. Said Improving, Furnishing Materials, and Lebor for repairing and replacing the roof and other improvements were furnished at the request of the Owner and the Contractor. The Contractor acted on behalf of the Owner. The Contractor is: S. Garrett & Company ‘A Georgis Corporation 324 Old Bremen Road Carrollton, Georgia 30117 ‘This Notice and Claim of Lien i Sled for record in the Office of the Superior Court of Dekalb County, Georgia where the Property is located pursuant to the provisions of 0.C.G.A. § 44-14-360, ct. seq., within ‘durse (3) months since last finishing or pecforming the aforementioned labor, materials, equipment and/or services by the Lien Claimant, Strickland & Son Construction, LILC, A Georgia Limited Liability ‘Company, that date being September 30, 2011. Pursuant to9.C.G.A. § 44-14-361.1(@) (3), this Lien will expire if not perfected by the filing of a law suit ‘withtS87 days of the date of recording of this claim of lien. The owner of the Property has the ight to contest this Lien including rights pursuant to O.C.G.A. § 44-14-368. #395 (0.C.G.A. Section 44~14-367) * Sened, sealed and delivered Stricldand & Son Construction, LLC,EXHIBIT “A” ALL THAT TRACT OR PARCEL OF LAND LYING AND BEING IN LAND LOT 157 OF ‘THE 18TH DISTRICT OF DEKALB COUNTY, GEORGIA, BEING A 3.33 ACRE TRACT MORE PARTICULARLY SHOWN ON A BOUNDARY AND TOPOGRAPHICAL SURVEY FOR DEKALB COUNTY, GEORGIA, PREPARED BY HILL-FISTER ENGINEERS, INC., RANDY LAMON TIBBITTS, GEORGIA REGISERED LAND SURVEYOR NO. 2137, DATED JULY 18, 1988 AND BEING MORE PARTICULARLY DESCRIBED ACCORDING ‘TO SAID SURVEY AS FOLLOWS: BEGINNING AT AN IRON PIN PLACED ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF BRIARCLIFF ROAD (A 100 FOOT RIGHT OF WAY) AT A POINT AS MEASURED ALONG SAID RIGHT OF WAY LINE 1,107.03 FEET SOUTHWESTERLY FROM THE INTERSECTION OF SAID RIGHT OF WAY LINE WITH THE EAST LINE OF ‘LAND LOT 157; RUNNING THENCE SOUTH 43 DEGREES 43 MINUTES 51 SECONDS EAST A DISTANCE OF 145.41 FEET TO AN IRON PIN FOUND; RUNNING THENCE SOUTH 04 DEGREES 33 MINUTES 42 SECONDS EAST A DISTANCE OF 473.05 FEET TO AN IRON PIN FOUND; RUNNING THENCE SOUTH 78 DEGREES 58 MINUTES 00 SECONDS WEST A DISTANCE OF 75.80 FEET TO AN IRON PIN FOUND; RUNNING ‘THENCE NORTH 68 DEGREES 01 MINUTE 30 SECONDS WEST A DISTANCE OF 165.00 FEET TO AN IRON PIN PLACED; RUNNING THENCE NORTH 31 DEGREES 34 MINUTES 21 SECONDS WEST A DISTANCE OF 346.55 FEET TO AN IRON PIN PLACED ON THE SOUTHEASTERLY RIGHT OF WAY LINE OF BRIARCLIFF ROAD; RUNNING ‘THENCE IN A NORTHEASTERLY DIRECTION ALONG THE SOUTHEASTERLY RIGHT OF WAY OF BRIARCLIFF ROAD AND FOLLOWING THE CURVATURE THEREOF AN ARC DISTANCE OF 359.46 FEET TO THE POINT OF BEGINNING (SAID ARC BEING A SEGMENT OF A CIRCLE HAVING A RADIUS OF 1,120.00 FEET AND BEING SUBTENDED BY A CHORD 357.92 FEET IN LENGTH, BEARING NORTH 49 DEGREES 08 MINUTES 42 SECONDS EAST. ‘THE ABOVE DESCRIBED PROPERTY IS A PORTION OF THAT CONVEYED BY BRIAR- RO, INC. TO RUBIN PICHULIK, ET AL. UNDER WARRANTY DEED DATED SEPTEMBER 9, 1980, RECORDED AT DEED BOOK 2618, PAGE 195, DEKALB COUNTY, GEORGIA RECORDS, LESS AND EXCEPT THAT CONVEYED TO PARK NORTH, LTD. BY WARRANTY DEED RECORDED AT DEED BOOK 2929, PAGE 448, AFORESAID RECORDS, AND BY RIGHT OF WAY DEED DATED JULY 8, 1982, RECORDED IN DEED BOOK 4634, PAGE 714, AFORESAID RECORDS. ‘THE GRANTORS HEREIN ARE THE SUCCESSORS IN TITLE AND SUCCESSORS IN INTEREST TO ALL OF THE ORIGINAL GRANTEES IN THE ABOVE DESCRIBED ‘WARRANTY DEED FROM BRIAR-RO, INC. AND THE REFERENCE IN SAID DEED TO A JOINT VENTURE AGREEMENT "WHICH RESTRICS THE TRANSFER AND CONVEYANCE OF THE PROPERTY IS NO LONGER APPLICABLE, AND THE GRANTORS HEREIN ARE ALL THE SUCCESSORS IN INTEREST TO SAID JOINT VENTURE AND BY THEIR EXECUTION HEREOF, CONVEY THE PROPERTY HEREIN DESCRIBED FREE AND CLEAR OF ANY FURTHER RESTRICTIONS AGAINST ‘TRANSFER.