If you find yourself in the middle of a construction dispute as a contractor, you could face legal action that carries the possibility of serious penalties. You should thoroughly understand your options and rights, and examine relevant laws closely. For example, you should take a look at the Right to Repair Act and understand how lawsuits against contractors move forward.
A suit involving construction defects can generate considerable anxiety, especially if you find yourself short on time and stressed out due to other projects. However, it is critical to focus on securing a favorable outcome, especially since the outcome of this case could have a major impact on your finances, reputation and future.
Written notices over construction defects
The Consumer Protection Division covers the Right to Repair Act in Georgia, which details the steps homeowners need to take if they want to sue contractors over alleged construction defects. Before filing suit, a homeowner must provide a written notice to a contractor no less than 90 days in advance. This notice has to inform the contractor of the alleged defect(s) and expert reports the homeowner has, which includes videos, pictures and inspections.
Addressing construction defects and litigation
After receiving a written notice, you have to reply within 30 days. You have the option to inspect the home or settle by making repairs or paying the homeowner, and you can also refuse to fix the defect(s). If the homeowner rejects your offer, they could decide to file suit. If you find yourself facing legal action over construction defects, it is pivotal to prepare for court and obtain as much evidence as possible.