Georgia Construction and Licensing Law for Residential Contractors, Specialty Contractors and Home Owners

Sponsored by the Law Office of Kevin M. Veler -- Georgia's Construction Legal Advisor.

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What Consumers Should Do to Protect Themselves!

FIRST:  Let's be clear.  Once you sign the contract, your rights and remedies may be limited by the terms of the contract.  The time to involve legal counsel in these issues is BEFORE you sign a contract.  A good construction lawyer can help provide contractural protection so that you avoid signing a poorly drafted contract and the money spent up front can save you thousands of dollars or the headaches of some construction issues later. 

 

BUT if you have already signed a contract, its not too late.  Get legal counsel involved early before your problems escalate. 

 

New Construction
Unfortunately the reality of new home construction for most spec home is that the large volume contractors typically offer their homes on a "take it or leave it" basis.  They will not negotiate their contracts beyond basic terms and require their standard forms.  Nonetheless, in addition to legal counsel, by using a good buyer's real estate representative with experience, you can impact prices, add-ons and improvements. 
 
Custom homes are another story.  There is generally a great deal an experienced construction attorney can do to help protect your interests in creating your contract to provide that you get the quality you seek in your home. 
 
Do you need an architect?  This Consumer's Guide to Hiring an Architect from California may offer some insightful suggestions. 
 
Remodeling
One of the most critical aspects of a good remodeling job is to pick a quality contractor.  Problems will almost assuredly arise under every project BUT even a great remodeler can have a project that goes bad for any number of reasons.  Negotiating and understanding your construction contract is vital along with following the contract and documenting problems and issues. 
 
Residential Warranty Requirements (effective July 2008) 
Residential licensed contractor (and any affiliated entities) is to offer a written warranty in connection with each contract to construct, superintend or manage the construction of, any single family residence where the total value of the work or activity or the compensation to be received by the contractor for such activity or work exceeds $2,500.00.  The residential contractor division shall establish the minimum warranty requirements.  The parties to the warranty may agree to submit any or all disputes arising under the warranty to arbitration which is enforceable under the Georgia Arbitration Code.  For more information, see Warranties.   


Are home inspectors licensed by the State of Georgia?  NO!
 
House Bill 1217 was passed in the 2008 legislative session to license and regulate home inspectors.  The bill was vetoed by the Governor with this statement:
 
House Bill 1217 provides a regime to license Georgia’s home inspectors. I am cognizant and respectful of the fact that the advocates for the legislation chose to use and were approved by the Georgia Occupational Regulation Review Council (GORRC). I have come to believe that GORRC review should be the initial threshold for the creation of a new licensing board. I am also aware that the private sector provides several, voluntary professional organizations to achieve the goals of the legislation. It is my preference that the market – not the State – regulate as many of our industries as possible. Thus, in order to not supplant the good work of the free market with taxpayer funds, I VETO House Bill 1217.