The Georgia Right to Repair Act -- Important Issues and Requirements for Consumers.
For most consumers, you need to comply with this act before you commence a lawsuit or arbitration.
Why do I need legal assistance with my dispute?
Because under Georgia law, before you commence a lawsuit or arbitration against a party for a construction defect, you must comply with the requirements of Georgia law. Failure to comply with the requirements of the act may delay your claim and significantly impact your rights.
What are the requirements of this Act?
There are generally a number of requirements but simply stated, they involve:
Written Notice. Unless the statute of limitations is about to expire, you must serve written notice as provided in the act to the last known address of each responsible contractor at least 90 days before initiating a lawsuit. If the statute of limiations is due to expire, you may go ahead and commence the action, but it is still necessary to complete the notice process. This notice requirement does not apply in a situation where defective construction resulted in personal injury or death.
Information to be included in the written notice. The notice must state that you, as the homeowner, are making a claim due to one or more construction defects and that the purpose of providing the notice is to meet the statutory requirements. It must also specify both the type and the results of any defects you are claiming. You must provide the contractor with any expert reports you have that describe the nature and cause of the defect(s), including inspections, photographs or videos.
After the proper notice is given, then the contractor has 30 days to reply in writing and choose whether to inspect the house or settle without inspection. The contractor may inform you that of the contractor's intent to settle the claim by means of a monetary payment, repairs, or a combination of both, without inspection. Alternatively, the contractor has the right to inspect the defects and determine the need for any repairs. If no repair is considered necessary, the contractor may serve you with a written statement explaining the reasons for refusing to fix the defect.
There are a steps and procedures to be followed including your requirements in rejecting a contractor's offer. Other provisions apply specifically to condominiums. The legal requirements to pursue a construction defect claim may appear lengthy, but the failure to follow the procedures may affect your ultimate ability to pursue your claim. If you have a construction claim or defect, please contact us to discuss the matter so that your claim can be properly made.