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Georgia’s Right to Repair Act

It’s important for any contractor or construction company to understand how they may be impacted by Georgia’s Right to Repair Act. The first component of this act is that prior to filing a lawsuit, a homeowner must serve all responsible contractors with written notice. This notice must be given at least ninety days before a suit is filed. In order for this notice to be valid, the homeowner must deliver it by overnight delivery or certified mail. The one exception to the notification requirement is if the situation involves a matter of defective construction that resulted in personal injury or death.

When a homeowner sends this type of notice, it must specify the exact defects, as well as the impact of those defects. In addition to explaining the defects in writing, the notification needs to include documentation like inspections or photographs. If a homeowner later discovers any other defects, they will need to send notice in a separate notification.


How Should Georgia Contractors Respond to a Written Notification?

Because this process can mark the start of an eventual lawsuit, it’s wise for any contractor who receives a written notification to seek legal counsel from an expert in construction law. In addition to seeking professional legal advice, any contractor who receives a written notification from a Georgia homeowner has thirty days to reply.

In terms of how a contractor can proceed, their two main options are to inspect the house or settle without conducting an inspection. If a contractor chooses the latter option, the settlement can take the form of repairs or payment. It’s also possible for the settlement to be a combination of both options. It’s worth noting that in the event of a contractor and his legal counsel deeming a repair request is not necessary, the written reply can be in the form of a refusal.

Conducting an Inspection and a Homeowner’s Right to Rejection

When a contractor chooses to perform an inspection, the homeowner must provide access within thirty days. In the case of a settlement or offering to perform the repair after an inspection, the homeowner does have a right to reject the offer. However, if a homeowner rejects an offer that is deemed to be reasonable, they may be responsible for attorney’s fees in the event that they continue to pursue a lawsuit.

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