Building, renovating or even repairing a home can be at once exciting, expensive, and stressful. When things don’t go as planned, the associated expense and stress is often magnified. Left unresolved, the disputes that arise between homeowners and contractors can ultimately wind up in unfamiliar and undesirable territory for both parties—the courtroom.
Construction defect disputes between contractors and homeowners have long choked Georgia’s courts with time-consuming and expensive litigation. In an effort to more efficiently and inexpensively resolve these disputes, in 2004, the Georgia Legislature passed what is known as the Right to Repair Act.
The stated purpose of the Act is to protect the rights of homeowners and reduce the need for construction-related litigation. In reality, the Act imposes significant hurdles that you, the homeowner, must clear before you can turn to the courts for assistance.
Very basically, the Act requires homeowners to, first, tell their contractors in writing about any concerns they have with the workmanship of their home and then give the contractors an opportunity to correct the issue. A series of required communications governed by a very specific timeline must take place over a 3 month period before the homeowner can file a lawsuit.
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