GEORGIA LAW CONTAINS IMPORTANT REQUIREMENTS YOU MUST FOLLOW BEFORE YOU MAY FILE A LAWSUIT OR OTHER ACTION FOR DEFECTIVE CONSTRUCTION AGAINST THE CONTRACTOR WHO CONSTRUCTED, IMPROVED, OR REPAIRED YOUR HOME. NINETY DAYS BEFORE YOU FILE YOUR LAWSUIT OR OTHER ACTION, YOU MUST SERVE ON THE CONTRACTOR A WRITTEN NOTICE OF ANY CONSTRUCTION CONDITIONS YOU ALLEGE ARE DEFECTIVE. UNDER THE LAW, A CONTRACTOR HAS THE OPPORTUNITY TO MAKE AN OFFER TO REPAIR OR PAY FOR THE DEFECTS OR BOTH. YOU ARE NOT OBLIGATED TO ACCEPT ANY OFFER MADE BY A CONTRACTOR. THERE ARE STRICT DEADLINES AND PROCEDURES UNDER STATE LAW, AND FAILURE TO FOLLOW THEM MAY AFFECT YOUR ABILITY TO FILE A LAWSUIT OR OTHER ACTION.
History. Code 1981, § 8-2-41 , enacted by Ga. L. 2004, p. 500, § 1; Ga. L. 2006, p. 548, § 1/SB 573.
Law reviews.
For annual survey of construction law, see 57 Mercer L. Rev. 79 (2005).
Structure Georgia Code
Title 8 - Buildings and Housing
Article 1 - Buildings Generally
Part 2A - Resolution of Construction Defects
§ 8-2-35. Legislative Findings and Declarations
§ 8-2-37. Required Compliance With This Part
§ 8-2-39. Discovery of Additional Defects After Original Notice Given
§ 8-2-40. Effect of Claimant’s Acceptance of Settlement; Subrogation of Insurance
§ 8-2-41. Notice to Consumer Prior to Beginning Initial Construction Work