Have you discovered a construction defect in your new Atlanta home? Before rushing to court, Georgia law requires you to follow specific procedures that could save you time, money, and stress. Understanding Georgia’s Right to Repair Act is essential for homeowners and contractors facing construction disputes.
What is Georgia’s Right to Repair Act?
Georgia’s Right to Repair Act, enacted in 2004, establishes a mandatory pre-litigation process for resolving residential construction defect disputes. This law requires homeowners to give contractors written notice about alleged defects and a chance to fix those issues before filing a lawsuit.
The law (codified at O.C.G.A. §§ 8-2-35 through 8-2-43) aims to reduce costly and time-consuming litigation while still protecting homeowners’ rights. It creates a structured framework for communication and resolution that benefits both parties.
Who Does This Law Affect?
The Right to Repair Act applies specifically to:
- Single-family homes
- Duplexes
- Multi-unit residential buildings
- Condominiums and their common areas
This law does not apply to commercial properties. Additionally, if a construction defect results in personal injury or death, the pre-suit notice requirements don’t apply.
The Step-by-Step Process Homeowners Must Follow
If you’re an Atlanta homeowner who discovered construction defects, here’s what you need to do:
1. Provide Written Notice (Day 0)
At least 90 days before filing any lawsuit, you must send a detailed written notice to your contractor. This notice should:
- Clearly state you’re asserting a claim under the Right to Repair Act
- Describe each alleged defect in detail
- Explain the damage caused by these defects
- Include available evidence (photos, inspection reports, etc.)
Send this notice by certified mail or overnight delivery to ensure proof of receipt.
2. Wait for the Contractor’s Response (By Day 30)
The contractor has 30 days from receiving your notice to respond in writing. Their response might:
- Offer to repair the defects at no cost to you
- Offer monetary compensation
- Propose a combination of repairs and money
- Request to inspect the property
- Deny the claim (with reasons)
Suppose they fail to respond within 30 days or refuse to address the problem without a valid proposal. In that case, you can proceed with legal action after the 90-day notice period ends.
3. Allow Property Inspection (By Day 60, if requested)
If the contractor requests an inspection, you must provide “prompt and reasonable access” to your home within 30 days. The contractor may bring subcontractors, engineers, or other experts to examine the issues and may perform testing (including destructive testing if necessary).
4. Review the Contractor’s Post-Inspection Offer (By Day 74)
Within 14 days after completing the inspection, the contractor must provide a written offer or statement of next steps, which may include:
- A repair plan with a timeline
- A monetary settlement
- A combination of repairs and money
- A rejection of the claim with an explanation
5. Respond to the Offer (By Day 104)
You have 30 days to accept or reject the contractor’s offer in writing. If you reject it, you must explain your reasons in detail.
6. Proceed to Litigation (After Day 120)
If no settlement is reached after completing these steps, you can file a lawsuit or begin arbitration.
What Contractors Need to Know
Contractors building homes in Atlanta and throughout Georgia must understand their responsibilities under this law:
- You must include written notice about the Right to Repair Act in your contracts with homeowners.
- When you receive a defect notice, you must respond within 30 days.
- If you request an inspection, you must diligently pursue it and complete any testing within a reasonable timeframe.
- After inspection, you must provide a written response within 14 days.
- If the homeowner accepts your offer, you must perform according to the agreed terms.
The law provides several protections for contractors who comply:
- The opportunity to avoid a lawsuit by making repairs
- Limited liability if a homeowner unreasonably rejects a reasonable offer
- Protection from having repair efforts construed as an admission of fault
Real-World Impact: Why This Matters
The Right to Repair Act has significantly changed how construction disputes unfold in Georgia. For example, in the case of Bellagio Pools, LLC v. Marino, a residential pool contractor made a written offer to perform five specific repairs. When the homeowners didn’t respond within 30 days, the court ruled that the offer was “deemed accepted” and ordered the homeowners to grant access for repairs.
This case illustrates a critical lesson: following the procedure is mandatory, and failing to respond within the required timeframes can have serious consequences.
Benefits of Understanding This Law
For homeowners:
- Potential to get defects fixed without expensive litigation
- A clear framework for addressing construction problems
- Protection from being rushed into inadequate repairs
For contractors:
- Opportunity to avoid costly lawsuits
- Chance to maintain good client relationships
- Protection from excessive liability claims
Common Mistakes to Avoid
Homeowners:
- Failing to provide detailed defect descriptions
- Not responding to offers within 30 days
- Rejecting reasonable repair offers
- Going straight to litigation
Contractors:
- Ignoring notice of claim letters
- Missing response deadlines
- Making half-hearted repair attempts
- Failing to include the required contract notice
How an Attorney Can Help
Navigating Georgia’s Right to Repair Act can be complex for both homeowners and contractors. Whether you’ve discovered defects in your newly constructed Atlanta home or you’re a contractor facing a claim, having experienced legal guidance can make all the difference.
At Thrift McLemore, our real estate attorneys have extensive experience with construction defect claims under Georgia’s Right to Repair Act. We can help you understand your rights, meet critical deadlines, and achieve the best possible outcome.
We can help homeowners draft effective notice letters that clearly document their claims. We can also assist contractors in creating strategic responses that limit liability while demonstrating good faith.
Get Expert Legal Assistance Today
Don’t risk navigating the Right to Repair Act without proper guidance. Whether you’re dealing with a leaky roof in your new Atlanta home or responding to a defect claim about a house you built, our team at Thrift McLemore can help protect your interests.
Call us today at 678-882-0830 to schedule a consultation with one of our experienced real estate attorneys. Let us help you resolve your construction defect dispute efficiently and effectively.
