Georgia Code
Part 2A - Resolution of Construction Defects
§ 8-2-38. Notice of Claim; Written Response of Contractor to Claim; Effect of Contractor’s Failure to Respond; Inspection; Offer of Settlement and Rejection of Offer; Alteration of Procedure for Notice

the claimant shall in his or her written notice include those items that claimant believes were omitted and set forth in detail all known reasons why the claimant believes the settlement offer is unreasonable.
For purposes of this subsection, the trier of fact shall determine the reasonableness of an offer of settlement made pursuant to this part. If the claimant has rejected a reasonable offer, including any reasonable supplemental offer, and any other law allows the claimant to recover costs and attorneys’ fees, then the claimant may recover no costs or attorneys’ fees incurred after the date of his or her rejection.
History. Code 1981, § 8-2-38 , enacted by Ga. L. 2004, p. 500, § 1; Ga. L. 2006, p. 548, § 1/SB 573.
Code Commission notes.
Pursuant to Code Section 28-9-5, in 2004, “the contractor” was substituted for “then contractor” in the last sentence (now the fourth sentence) of subsection (e); “to the claimant” was substituted for “to claimant” at the end of subsection (j); “then the claimant” was substituted for “then claimant” in the last paragraph of subsection (l)(2); and “experts, and” was substituted for “experts and” in subsection (n).
Editor’s notes.
Ga. L. 2006, p. 548, § 3(c)/SB 573, not codified by the General Assembly, provides that the amendment to this Code section shall only apply with respect to causes of action or claims arising on or after April 28, 2006, and any prior causes of action or claims shall continue to be governed by prior law.
Law reviews.
For annual survey of trial practice and procedure, see 56 Mercer L. Rev. 433 (2004).
For article, “Construction Law,” see 63 Mercer L. Rev. 107 (2011).

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