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Construction law

defects

A construction defect is generally a deficiency in the design or construction of a building due to the failure to design or construct the building in a reasonably workmanlike manner (the minimally acceptable industry standard), or according to the owner’s reasonable expectation.

In Georgia, a construction defect is recognized as a deficiency in the design, materials, or workmanship of a building that fails to meet the minimum acceptable standards of the construction industry or the reasonable expectations of the property owner. The state's laws regarding construction defects are found in various statutes and case law, which address the responsibilities of contractors, subcontractors, architects, and other parties involved in the construction process. Georgia follows the 'Right to Repair Act' (O.C.G.A. § 8-2-35 et seq.), which requires homeowners to provide notice to the contractor before filing a lawsuit for construction defects, allowing the contractor an opportunity to repair the defects. Additionally, claims for construction defects are subject to statutes of limitation and repose, which limit the time frame within which legal action can be taken. The statute of limitations for bringing a claim is generally four years for injury to real property (O.C.G.A. § 9-3-30) and two years for personal injury (O.C.G.A. § 9-3-33), while the statute of repose sets an outer limit of eight years after substantial completion of the work (O.C.G.A. § 9-3-51).

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Construction law

defects

Individual & Family Legal Plan

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Georgia State Code

Georgia State Code

Construction law

defects

Articles