Atlanta Construction Defects Attorneys

We represent property owners and businesses in Georgia construction defect claims, from design and material flaws to complex disputes involving contractors, developers, and insurers.

At Thrift McLemore, we recognize that construction flaws can diminish real estate value, require significant remediation, and create serious safety concerns. Such issues arise when workmanship, materials, or design fall short of applicable standards or when a structure does not function as it should. Our Georgia construction defect attorneys bring substantial experience to analyzing construction defect claims, identifying potentially liable parties, and advocating for a favorable outcome for our clients.

Understanding Construction Defects

To know whether your property has a construction defect, you must first understand how the law defines defects. In broad terms, a construction defect occurs when there is a deviation from industry standards. There are three common categories of construction defects, including:

• Design Defects: These errors are embedded in architectural or engineering plans and include things such as incorrect structural calculations or improper roof pitches.
• Material Defects: Defects that occur because of the use of inferior, damaged, or defective materials, like inferior wood, faulty pipes, or cracked shingles.
• Workmanship Defects: These defects are caused by poor quality workmanship and represent the most common type of construction defect we see at Thrift McLemore. An example of a workmanship defect that we frequently litigate is improperly installed or finished hardwood floors.

Construction defects can also be labeled as a “patent” defect or a “latent” defect with the primary difference being the ability to discover the defect. A patent construction defect is something that can be discovered with reasonable diligence during a normal inspection, such as a crack in a cement floor or exposed electrical wiring. A latent defect is hidden or concealed and may not be discovered for months or years. Examples include things such as structural defects and mold caused by water intrusion behind walls.

Who Can Be Held Legally Liable for Construction Defects?

Liability for construction defects may extend to several different parties, depending on the nature and source of the problem. General contractors are often responsible for overall project coordination and may be liable for defective work performed under their supervision while subcontractors can be held accountable for errors arising from poor workmanship or failure to follow plans and specifications. Developers may also face liability for construction decisions, cost-cutting measures, or inadequate oversight along with architects and engineers who can be responsible for design flaws or engineering errors. In addition, property owners and supervisors may be held personally liable for construction defect damages and inspectors may also bear responsibility for negligent inspections. If defective products are involved, the material manufacturers and suppliers face potential liability as well. Because fault can be shared by numerous parties in a construction defect lawsuit, we make sure to hold everyone in the process accountable to get the best outcome for you.

What Is the “Statute of Limitations” and the “Statute of Repose” in Georgia?

A “statute of limitations” refers to the timeframe within which legal action must be initiated to preserve your right to pursue litigation. A statute of repose is a law that sets an absolute deadline for bringing a lawsuit. Unlike the statute of limitations, the statute or repose begins at a set time (such as the completion of a construction project) and runs regardless of when the injury or damage actually occurred or was discovered. Because every case is unique, and exceptions or exclusions may apply, it is crucial to consult with a construction defects attorney at Thrift McLemore immediately if you suspect that you have a construction defect to ensure that your legal rights are protected.

What Are the Absolute First Steps a Homeowner Should Take the Moment They Discover a Potential Defect?

If you believe that you have discovered a construction defect, the first thing you should always do is contact the appropriate contractor and notify them of the defect. Not only is that the logical and practical first step, but it is also legally required under the Georgia Right to Repair Act prior to initiating legal action.

Enacted in 2004, the Georgia Right to Repair Act aims to protect homeowner rights while also reducing the time and expense of litigation. The Act requires a homeowner to provide written notice to a contractor notifying them of the alleged defect and allowing them the opportunity to correct the defect. Because adherence to the terms of the Right to Repair Act is crucial to preserving your legal rights, it is always wise to consult with the team at Thrift McLemore as soon as you notice a construction defect.

Luxury Home Construction Defects

Luxury home construction presents elevated risks because both homeowners and contractors have significantly more at stake. Although the legal standard of care does not change, luxury projects often involve complex materials and specialized workmanship. As a result, improper installation of premium materials is among the most common defects seen in luxury homes. When defects occur, they frequently result in a diminution of value, meaning a measurable reduction in the property’s market worth, because even if a defect is repairable, its presence can negatively affect resale value. We have extensive experience in luxury home defects law.

Understanding the Life of a Construction Defect Case

Although each construction defect case involves unique facts and circumstances, a typical case begins with a written demand letter sent to the contractor. Pursuant to the Georgia Right to Repair Act, the contractor must be allowed the opportunity to fix the defect. If the statutory time frame allowable for repairs has expired and the defect has not been cured, a formal lawsuit will be filed after which the parties will engage in the “discovery” process. In an effort to avoid trial, the parties may attempt to resolve the dispute through mediation; however, if mediation is not successful, the case will proceed to trial.

Throughout the life of your case, a team of paralegals, associates, and partners at Thrift McLemore will be responsible for reviewing and contributing to your case to ensure that you have the best chance of success. Not only does this keep the cost down for our clients, but our team approach allows us to take advantage of a variety of approaches, experiences, and skill sets when preparing and litigating your case.

Proving that your home has a compensable construction defect will likely require a variety of different types of evidence, starting with the original construction contract and any subsequent change orders. That establishes exactly what work the contractor was supposed to do under the terms of the contract. We may also utilize documents such as letters and emails, photos and videos, and repair estimates or invoices.

Expert testimony may also be used to prove liability and calculate damages. At Thrift McLemore, we have a roster of experienced contractors in the area that we use on a regular basis and that are experienced in estimating the cost of repairs and value of damages.

After the discovery phase is complete, many construction defect cases will utilize mediation as an opportunity to help reach an out-of-court settlement. This is particularly true in luxury home cases because the stakes are significantly higher for both sides. Mediation, which uses a neutral third-party to help resolve disputes, allows both sides to have a hand in controlling the outcome of the case and reduces the overall cost and time that a traditional trial takes.

Although most construction defect cases are settled without the need to go to trial, the team at Thrift McLemore prepares every case as if it is going to trial. With 30 years of trial experience, lead Partner Matthew Collins’s extensive and intimidating track record of winning cases often acts as a valuable incentive to opposing counsel to resolve cases during the negotiation phase.

Because we also represent contractors in construction defect claims, we are uniquely positioned to understand both sides of these disputes. As such, we are frequently able to anticipate and neutralize common defenses in a construction defect case.

Damages in a Construction Defects Case

If your construction defects case is successful, you may be entitled to recovery three types of damages in addition to attorney and expert fees, including:

• Repair Costs: This reflects the cost to repair the construction defect.

• Contractor Fees: Money paid to the contractor for work that was supposed to be completed, but that was not actually completed.

• Increased Cost: Additional costs incurred to complete the construction work

By way of illustration, imagine that you paid a contractor $300,000 to build a home. You find construction defects in the home that will cost $50,000 to repair. An inspection also shows that the contractor only did $200,000 worth of work. In addition, by the time your claim is settled, it will now cost an additional $25,000 to complete the work and put you where you should have been at the completion of the project. Your damages would total $175,000 ($50,000+$100,000+$25,000=$175,000) plus attorney fees, expert witness fees, and lost work time.

Are There Costs Associated with a Construction Defects Case?

At Thrift McLemore, we use an hourly fee structure in construction defect cases. You will also be responsible for paying court fees and costs, such as a filing fee or service of process fees. Because most reputable contractors have liability insurance coverage, we will likely be negotiating and litigating with an insurance company throughout your case. When a contractor has adequate insurance coverage, it typically increases the likelihood of a full and fair recovery for our client.

Red Flags for Anyone Building a Custom Luxury Home

If you plan to build a custom, luxury home, the best thing you can do for yourself (and your stress level) is to hire a reputable contractor. This is not the time to cut corners. Do your research and check reviews and references. Spending an hour of your time researching a prospective contractor may save you considerable time and money in the long run.

Whether you are building a new home or purchasing an existing one, due diligence in the form of a home inspection is crucial to protecting your financial and legal interests. Having the home inspected by a licensed home inspector is the best way to uncover potential defects before you pay for the home. Moreover, having an inspection completed insulates from a claim that a patent defect should have been discovered if you end up litigating a claim. Your sales or construction contract should have a “due diligence” period in the contract. This is the time frame provided to conduct an inspection prior to closing or prior to paying the retainage to your contractor.