Georgia millionaire wins fight over failed doomsday bunker

Credit: Courtesy

Credit: Courtesy

Andrew Rodriguez said he needed the bunker to be constructed at a warehouse on the property within two weeks and was prepared to spend more than $1 million on the project, case filings show.

In late October 2023, Dallas officials halted work on the substantially completed bunker, finding a litany of problems with McMillan’s unpermitted work, the judges said. They said Andrew and Angelica Rodriguez sued McMillan after the builder invoiced them for $1.1 million and threatened property foreclosure.

Because McMillan is unlicensed, the agreements he had with the couple over the bunker’s construction are void and he cannot seek to enforce them to recover a debt, the judges held.

Attorneys for McMillan did not immediately respond to questions about the ruling.

Tim Guilmette, an attorney for the Rodriguezes, said the couple have no plans at this time to complete the bunker and “will seek to remove the offending encumbrance on the property through additional judicial action.”

“This decision protects not only owners from bad actors but also ensures appropriately licensed contractors are not competing against those that seek to circumvent the system,” Guilmette said of the appellate court’s ruling.

The decision affirms a Paulding County judge’s order in the couple’s favor in September 2024.

Miller appealed the county judge’s decision, arguing he could seek to enforce a $1.5 million promissory note, guaranty and security deed tied to the project.

Two of the three appellate judges said those documents “amount to nothing more than a financing arrangement by which McMillan recouped and secured his costs, expenses, and profit arising from his unlicensed work on the bunker project.” They said the documents are not enforceable under Georgia law.

In a dissent, Judge Christopher McFadden said the promissory note and guaranty are not the kind of contracts voided by Georgia law because a contractor is unlicensed. He said to find otherwise expands the remedy legislators provided for work performed by unlicensed contractors.

The lawsuit, filed in February 2024, says Andrew Rodriguez was suffering a mental health episode and displaying erratic behavior when he entered into an oral agreement with McMillan to construct the bunker. It says McMillan lied about having a contractor’s license and did not return to the construction site after Dallas officials ordered work to stop on Oct. 26, 2023.

McMillan’s invoice on Nov. 1, 2023, included unauthorized “up-charges” of 20% and other premiums for the uncompleted work, the couple alleged. They said Andrew Rodriguez was cited for ordinance violations because of the unpermitted construction.

A December 2023 report from a building inspector found none of the bunker’s electrical, plumbing or mechanical systems met building code requirements, according to the complaint. The couple said a fire marshal report noted multiple code violations, including an improper dryer vent exhaust system and “unallowed combustible materials.”

In his September 2024 order, Paulding County Superior Court Judge Walter Matthews said McMillan and his company, Hancock Diversified, had never been licensed contractors in Georgia. The judge said McMillan cannot seek to recover more than the $270,000 he was initially paid, and that the couple cannot get that initial payment back.

McMillan said in a June 2024 affidavit he had warned Andrew Rodriguez in October 2023 that he did not have a contractor’s license and the project would not be permitted. He said he advanced more than half a million dollars for the project once it was underway, while Andrew Rodriguez dealt with city officials.

The bunker was 99% complete when city officials stopped the construction, McMillan said.

Guilmette said state legislators should clarify the relevant law to better prevent unlicensed contractors from trying to seek payment for work they cannot legally perform.

“Ultimately, we got the right result for our client and are pleased with the decision,” he said.