Construction Defects

Thrift McLemore understands how construction defects can threaten the health and safety of a building’s occupants, reduce property values and result in expensive repairs. Construction defects occur when a building does not meet required codes upon completion or the property cannot be used as intention in its completed condition. Our skillful attorneys understand the complexities of a construction defect case and how to achieve a positive outcome for our clients. As part of this process, they will determine if the damage rises to the level of a defect and who to file the lawsuit against. This could be a contractor, engineer, property developer, product manufacturer or other construction professional.

Types of Construction Defects

Construction defects can occur in commercial, industrial and retail buildings as well as single-family homes, multi-family dwellings, condominiums and planned unit developments. Various issues are the direct result of negligence or other construction issues and can include:

Design Defects
Poor Quality Building Materials
Ineffective Drainage
Flooding
Roof and/or Window Leaks
Mold
Faulty Electrical Wiring
Cracked Foundation
Uneven Foundation

Our Experience

A construction defect claim is complex because there may be clauses in the contract you signed with the builder, contractor or other party that allows them to attempt to rectify the defect before you can file a claim. In addition, the larger the building project, the more finger-pointing regarding who is ultimately responsible for the defect.

Our attorneys understand these challenges and will determine who is responsible, if there are contractual obligations for rectification, and your legal options to proceed with your lawsuit. We also work with you to address any insurance claims that may be appropriate to file as a result of the defective work or building materials.

Our Aim

Our aim is to help our clients receive a satisfactory outcome in addressing construction defects in a timely manner. Thrift McLemore recognizes that these defects interfere with the enjoyment of your home or your ability to do business, and will use our experience in construction to resolve the issues as quickly as possible.

Additional Legal Services

Related to construction defects, we also assist clients in addressing problems with:

Construction Delays
Insurance Coverage Disputes Related to Rebuilding
Mold and Mildew Claims
Construction Contracts

Blog Posts about Construction Defects

Building a New Custom Home? Talk to an Attorney FIRST and Save Yourself Money
By Erich Schultheiss |
Sep 21, 2023
Building a custom home is a complex process with numerous potential legal and financial pitfalls. An experienced real estate attorney can help protect your interests and avoid costly mistakes by reviewing contracts, verifying contractor qualifications, clarifying project terms, managing change orders, and coordinating with lenders.
READ MORE
7 Ways to Avoid Solar Panel Installation Fraud
By Joseph Williams |
Apr 11, 2023
Solar panel use is rising in Georgia, but so are scams that expose consumers to misleading claims and poor installations which can lead to contract disputes. To avoid fraud, research thoroughly, understand tax credit eligibility, thoroughly vet companies, and read reviews. Seek legal help if you feel you have been victimized or end up in a legal dispute.
READ MORE
Understanding The Responsibilities of a Homeowner’s Association in Georgia
By Craig Thrift |
Sep 20, 2021
In Georgia, maintenance responsibilities in homeowner’s and condominium associations may be governed by the Georgia Property Owners’ Association Act and the Georgia Condominium Act as well as on the terms of the community’s governing documents. Determining liability for repairs is typically fact-specific, requiring a review of the applicable laws and documents.
READ MORE
Recourse for Georgia New Construction Defects
By Jonathan Barash |
Aug 10, 2020
If you discover defects in your newly-built Georgia home, document the defects, review your home warranty, and follow claim procedures. If the builder fails to respond, Georgia’s Right to Repair Act and the terms of your warranty may provide the basis for legal claims based on warranty enforcement, breach of contract, negligent construction, or fraud.
READ MORE
Homeowners Insurance Company Deny Your Claim in Georgia?
By Craig Thrift |
Nov 13, 2019
Insurance companies often use technicalities, exclusions, and other tactics to delay, underpay, or deny homeowner claims. The Georgia Department of Insurance’s Consumer Services Division offers resources for homeowners. An attorney can also help you resolve a dispute which could result in additional penalties against the insurer if they acted in bad faith.
READ MORE
Builder or Contractor Did a Poor Job? Seeking Relief in Georgia (Including the Right to Repair Act)
By Craig Thrift |
Sep 7, 2019
Georgia homeowners facing problems with a contractor must navigate the Right to Repair Act, which typically requires written notice to the contractor and a chance for the contractor to respond before a lawsuit can be filed. If the contractor fails to respond to the homeowner’s satisfaction, legal action for breach of contract or warranty enforcement may be necessary.
READ MORE