In Georgia, people might think that when they hire a contractor to perform work on their property that defects discovered in the aftermath will be repaired quickly and without hassle or dispute. However, that is not always the case.
There are fundamental requirements with getting construction defects repaired and it is not always a simple process. A commonly understated factor is what must be done prior to the work starting to fix defects if they arise after it is completed.
Consumers must be given notice before the project commences
According to state law, a contractor must give specific notice to the property owner about how construction defects will be addressed when agreeing to a contract. This centers on a contract for the property’s sale, construction or improvement.
In this notice, the contractor will state that they have the right to repair any alleged construction defects prior to the owner pursuing litigation. This is a significant part of the contract and those who are hiring a contractor should be aware of it and ensure it is in the agreement.
The notice informs the consumer that they must adhere to certain rules before filing a lawsuit or taking other action against the contractor over construction defects. This says that the contractor must be told 90 days before filing that there are alleged defects.
If, for example, there is water damage, design problems, mechanical issues or other defects, the consumer cannot file a lawsuit before informing the contractor. By law, the contractor is granted the right to either offer to fix the defects, pay for them or both. Despite this, the property owner does not need to accept the offer.
For construction defects and other concerns, legal assistance can be critical
Those who are concerned about any aspect of their construction project—before, during or after—should know the law and think about having professional representation. The law can be complicated with construction disputes and to try and reach a positive outcome and have the defects repaired or the damage replaced, construction litigation might be necessary. It must be done according to the law and to understand these laws and move forward, it is useful to have professional guidance.
