As a construction lawyer in Atlanta and a homeowner, I am painfully aware that doing any form of modification to your home is not only time consuming but expensive as well. Stress builds up even more when things do not go according to plan, and Atlanta construction disputes brought by Georgia homeowners and Georgia construction contractors can ultimately lead to lawsuits and court time. To control the amount of construction cases going through the Georgia legal system, the Georgia Right to Repair Act became effective in 2004 to facilitate the settlement Georgia construction defect arbitration, disputes, lawsuits, litigation, and other construction issues outside of court. The following steps should be followed prior to filing a Georgia construction defect lawsuit or Georgia construction defect arbitration proceeding against a contractor in the State of Georgia.
Step 1: Homeowners Understanding Of The Georgia Right To Repair Act
Prior to beginning a home improvement project, Atlanta contractors are supposed to alert homeowners to what the Right to Repair Act states and what is required of both parties if the construction does not satisfy both pairings. As an Atlanta homeowner, it is necessary to do your research before you begin any home improvement project, so you are aware of your rights. Not following the Act correctly can result in a loss for you as well.
Step 2: Homeowners Must Notify Contractor Of Any Issues
If you have any concerns about a project that was completed, you must submit a written notice to the Georgia contractor describing in detail the issues you have with the construction. This “notice of claim” should outline all problems including photographs and the nature of the defects. To ensure your problem gets resolved you must address the problem immediately.
Step 3: Contractors Reaction To The Claim
Once a contractor has received the claim notice they have exactly 30 days to respond in a variety of ways.
• Option A: Offer a settlement in the form of money, repairs, or both. Some contractors prefer to fix the problem themselves until you are satisfied with the finished product. This allows for positive client relationships and a high reputation in that area for being a reliable company.
• Option B: Contractors have the right to get another option and have the home inspected by a third party. This gives an outsiders perspective that does not have a bias toward the project and can offer a true estimate of the problem.
NOTE: If your home is to be inspected you must allow for that within the 30 days
• Option C: The contractor decides to do nothing regarding your claim. If the claim is denied then they must also provide a written explanation of why they do not believe their work to be defective. Regardless a contractor must respond to your claim within 30 days otherwise you are free to pursue legal action.
Step 4: Acceptation Or Rejection By Homeowner
Once the contractor has chosen how to respond to your claim, you must then accept or reject their proposal. If you chose to accept their proposal, then both parties will create a settlement for the project to be re-done until deemed accepted. If you decide to reject the offer, then you must again put into writing your reasoning and you can then decide to take the matter to court.
The Georgia Right to Repair Act was put into effect to help Georgia homeowners get their money’s worth when it came to home improvement projects. Knowing your rights and what you are entitled to as the client can prevent any legal fees and additional upsets.
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The Libby Law Firm Atlanta construction arbitration lawyers and Atlanta construction litigation attorneys can help Georgia homeowners who are involved in any type of Metro Atlanta, Georgia construction disputes. To learn more about how the Atlanta, Georgia construction disputes and litigation attorneys at The Libby Law Firm can protect and advance the best interests of you and your family, contact our Main Office by calling our Main Number (404) 467-8611 or through our Buckhead confidential Contact Us Form. Our Main Office is conveniently located easily found and provides plenty of free covered secured parking.