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The Right to Repair Act in Georgia: What you should know

On Behalf of | Mar 26, 2022 | Construction Litigation |

As a homeowner, you have undoubtedly dealt with your fair share (or perhaps more than your fair share) of contractors. Hopefully, the majority of those contractors have done quality work for you. Unfortunately, you may occasionally run into issues with defective or subpar work completed by someone you trusted.

What is the Right to Repair Act?

This statute requires the homeowner to notify any contractor named in a potential lawsuit in writing a minimum of 90 days prior to filing. The defendant must respond in writing within 30 of receiving such notice.

Upon receiving and responding to the written notice, the contractor may apt to inspect the property and determine whether the requested repairs are necessary. If the contractor deems the demanded repairs unnecessary, he or she must provide a written explanation detailing why the restorations are not needed to the homeowner.

The contractor may also opt not to visit the home and settle by rendering payment or simply completing the repairs requested.

When do lawsuits come into play?

In the event that the homeowner supplied written notice to a contractor and he or she took no action, the homeowner may file a lawsuit. Civil suits serve as the last resort after undertaking efforts to resolve the issues without the assistance of a court. The appropriate court to file suit in depends upon the complexity of the case and the level of damages you seek. Your lawyer can assist you through this process.

Since disputes can arise frequently between homeowners and contractors, Georgia courts encourage the parties to resolve any issues independently before involving a court of law.