Atlanta Business Lawyer Blog

As Atlanta, Georgia, home defect and construction defect lawyers, we strongly advocate you immediately seek legal representation upon finding any hidden defect(s) in your home. A latent (hidden) construction defect is one that could not have been discovered upon a reasonable inspection. Although these defects are not usually readily apparent, once discovered they usually will impact your home’s fair market value. Some examples include structural damage, defective building materials, soil damage, roof damage and termite infestation. Once you have knowledge of the defect, you should act and seek a legal remedy to your problem. Not acting or ignoring the problem could affect the legal rights and remedies available to you.

Oftentimes, Georgia homeowners are devastated when they discover serious home defects months or even years after they have moved into their home. As an Atlanta, Georgia, real estate and business attorney, I have had many clients come to me who think they are out of luck when they discover a latent defect in their new home.

Thus, the questions arises -- What should homeowners do if they discover latent defects but the homebuilder or seller can not be located or will not correct the problem upon request. The first step is to contact an experienced Atlanta construction lawyer to evaluate your options. I have helped numerous homeowners locate the parties responsible for their home’s defects and obtain just compensation in order to repair the defects and/or compensate them for their home’s diminished value. Determining the identity of the party responsible for losses as the result of latent defects can be challenging.

First, under Georgia law, sellers have a duty to disclose all latent defects that are known and could not be discovered by a diligent inspection of the property. Often latent defects – such as improper installation of roof shingles – are not something that an independent inspector should be expected to locate during an inspection. As a result, if sellers know of the defect, they have the burden of disclosure. If sellers fail to disclose a defect, they may be held responsible for the homeowner’s loss. Types of claims may include fraudulent concealment, fraudulent inducement, misrepresentation, and breach of contract.

Where the construction defect occurs in a newly built home, potential defendants include general contractors, developers, and builders. Sometimes architects and designers may be responsible as well. Additional causes of actions may exist against builders of new homes including negligent construction and breach of express and implied warranties. Under
Georgia’s Right to Repair Act, homeowners must serve notice on contractors at least 90 days before filing a lawsuit. The Right to Repair Act provides allows contractors an opportunity to fix the defect, either fully or partially, settle by monetary payment, or a combination of the two.

However, you may still file a lawsuit if you are not satisfied with a settlement offer, the contractor fails to respond to the notice, or the contractor fails to follow through. An experienced Georgia real estate and construction defect lawyer will ensure you follow the proper steps to preserve your right to file a claim.

Once you contact a dedicated Georgia real estate and construction defect attorney, you may be able to recover the costs of repairs and the loss in value to your home as the result of the defect. You may also be able to recover the cost of temporary housing needed while the defect is repaired, the value of the loss of use, court costs, and in some instances, attorney’s fees.
Please contact the Adams Law Offices immediately if you have discovered a latent or other defect in your home. We will find the responsible party and represent you in your endeavor recover the compensation you deserve.

Our firm welcomes the opportunity to be of service to you. Please feel free to call our firm at (404) 467-8611 or toll free at 1-877-412-3267, to discuss your options. You can also send us a message through our confidential Web Site form. The Adams Law Offices is conveniently located in the Buckhead section of Atlanta, Georgia near the intersection of Piedmont and Roswell Roads.

As Atlanta, Georgia construction litigation and home defect lawyers, we see many clients who believe they have no recourse for construction defects discovered a year or more after project completion.

Many builders claim – and homeowners believe – that Georgia’s mandatory one-year warranty period excuses them from responsibility for defects that are discovered or occur after the one-year period has lapsed. Fortunately, this is not the case.

In most situations, the warranty does not preclude a homeowner from filing a claim against a builder or contractor based on construction defects. In fact, one of the most common ways to be compensated for a construction defect is to file a “breach of contract” action. A breach of contract may occur when a builder fails to construct a home in a “workman-like fashion”. Types of defects include, but are not limited to, the use of substandard building materials, non-compliance with industry standards and incomplete or poorly completed work.

If you discover one of these defects in your home, you may have up to six years, sometimes more, to file a construction defect claim based on breach of contract. O.C.G.A. § 9-3-24. By filing a breach of contract action, you may be able to recover the financial losses you have experienced because of the construction defects in your home and be compensated for any additional costs to repair your home.

The fact that the one-year warranty period has lapsed should not affect your claim. Further, in many cases the warranty will not be applicable if the home is defective from the start. Thus, the existence of a warranty will not bar you from pursuing damages against builders and contractors.

Homeowners need to be wary. Many builders will try to use the warranty as a way to deny responsibility for defects and discourage homeowners who have discovered significant construction defects from contacting an experienced Georgia construction defect attorney. If you believe your Georgia home has construction defects or significant problems, you should have it inspected immediately by an experienced architect or engineer. Further, hiring an experienced Georgia construction lawyer is a critical step in protecting your rights as a homeowner.

Our firm welcomes the opportunity to be of service to you. Please call our Firm at (404) 467-8611 or toll free at 1-877-412-3267, to discuss your options. You can also send us a message through our confidential Web Site form. The Adams Law Offices is conveniently located in the Buckhead section of Atlanta, Georgia near the intersection of Piedmont and Roswell Roads.

As an Atlanta, Georgia construction litigation and home defect lawyer, I place most construction defects into four (4) legally distinct groups:

Design Defects: These defects occur when a design professional, such as an architect or engineer, creates a building design, which is not within acceptable industry standards. A simple illustration of design defect is the creation of a building with a roof that results in poor drainage, inadequate structural support, or allows water penetration.

Material Defects: These occur when substandard building materials are used and/or cause damage to the building. An illustration of the use of substandard building materials would be leaking windows even though they have been properly installed (Note: Here, the window materials must be defective).

Construction Deficiencies: These usually arise from poor craftsmanship or workmanship that is not performed in a professional workmanlike manner, which is acceptable in the industry. An illustration is cracks in foundations or walls, rotting wood, electrical problems, and plumbing leaks.

Subsurface Deficiencies: These usually arise when houses are built on hills and areas were providing a stable foundation is difficult or where the builder fails to secure a suitable foundation. An illustration of this would be structural movement or shifting, building without proper grading or below grade.

If you believe your Georgia home has construction defects or significant problems, you should have it inspected immediately by an experienced architect or engineer. The type of inspection you should have largely depends on the type of problems you are experiencing. Hiring an experienced Georgia construction lawyer is a critical step in protecting your rights as a homeowner and assisting you in finding the right architect or engineer. Not every architect or engineer is in the business of inspecting and evaluating defective work.

Continue reading "ATLANTA, GEORGIA, CONSTRUCTION, ARBITRATION, AND HOME DEFECT LAWYER GIVES ADVICE: WHAT IS THE BEST WAY TO FIND OUT IF YOUR NEW HOME HAS CONSTRUCTION DEFECTS?" »

As an Atlanta construction litigation and arbitration attorney, the initial question I have in any new case is, who is potentially liable for the claims in this matter? The business and construction litigation attorneys at my Firm often discuss Georgia construction claims, piercing the corporate veil, who is liable and how do we collect from them in order to make our clients “whole”. We want you to know the following:

If you are the owner who just bought a new property and want to bring claims for defective construction against the builder in the Metro Atlanta area, you are going to want to know who may be liable for your damages, and equally as important, from whom will you be able to recover. Conversely, if you are an Atlanta area contractor, subcontractor, or other construction professional who has been sued, you will want to analyze your exposure: who is at risk and for how much?

In my experience as a Georgia construction litigation and arbitration attorney, people, including attorneys who do not commonly handle construction cases, answer these questions by looking to the construction company. Many people assume that if the company is incorporated, the individuals who own and work for the company are protected from any liability.

Under Georgia law, however, there are numerous ways that an officer or employee of a corporation may be personally liable for claims raised in a construction suit. These can be powerful weapons in construction litigation. It is critical that any person involved in these suits, whether as plaintiffs or defendants, be aware of these potential claims and, more importantly, hire an attorney who knows and understands these issues. Our Atlanta business litigation attorneys will analyze what is known as “piercing the corporate veil”. This legal tactic allows Atlanta business, construction and arbitration attorneys to recover monies from builders and contractors who have not run their company properly.

The Adams Law Offices helps individuals, homeowners, businesses, builders, contractors and construction companies in real estate litigation in Georgia construction arbitration, real estate disputes as well as other related legal matters.

Please feel free to contact us (404) 467-8611 or 1-877-412-3267 to see how we can assist you. Please also feel free to send us a confidential e-mail through our Web Site contact us form. The Adams Law Offices is conveniently located in the Buckhead section of Atlanta, Georgia near the intersection of Piedmont and Roswell Roads.

Our Firm helps clients throughout the Metro Atlanta, Georgia area including the following cities, communities, and counties:

Atlanta, GA metro area, Alpharetta, Fairburn, Roswell, Sandy Springs, Buckhead, Decatur, Lithonia, Druid Hills, Dunwoody, Tucker, Marietta, Smyrna, Vinings, Duluth, Acworth, Fayetteville, Marietta, Lawrenceville, Norcross, Morrow, Riverdale, Canton, Milton, John's Creek and other cities throughout North Georgia. DeKalb County, Fulton County, Cobb County, Gwinnett County, Fayette County, Clayton County and Cherokee County

As an Atlanta, Georgia, arbitration, home defect, and construction lawyer, I am noticing more and more frivolous claims from Georgia home purchasers and buyers that architects, contractors, builders, sub-contractors, and other persons involved in the construction of a new home, are failing to meet the obligations of the construction contract. These same Georgia home purchasers and buyers are refusing or failing to allow “draws”, or otherwise pay construction professionals, per the construction contract. In fact, they are finding any reason to say that the Georgia construction professionals have not met their obligations per the Georgia construction contract. In my Atlanta, Georgia, construction arbitration and real estate dispute law firm, I am finding that many of these claims, by the purchasers and buyers of these homes, are arising from the fact that these new home purchasers and buyers have fallen on hard financial times.

To be brief, they are looking for a way out of paying you under the obligations of your Georgia new construction contract. Under their theory, a penny owed and not paid, is a penny earned. This is a terrible and pitiful way to try to get of paying under the new construction or new home purchase contract or bargain for a reduction in price. This is especially true given the tough times that construction professionals are enduring in Georgia. These hard-working construction professionals must be paid every penny they have contracted for and earned. This is especially true given the harsh financial and real estate environment they must endure.

In my Georgia construction arbitration and real estate dispute law firm, I handle many matters where purchasers and buyers of new homes are refusing to pay for the design and construction of their home and complaining about upgrades, construction timing issues, “punchlist" items, quality of work, and sub-contractors issues. The list of items and excuses I have heard is endless, somewhat pathetic and every now and then, humorous.

In successfully representing countless Georgia architects, contractors, builders, sub-contractors and other construction professionals, it is important to note that arbitration clauses in new construction contracts are binding and the sole remedy for causes of action and claims, which occur on or after April 28, 2006. Any prior construction or building dispute claims shall continue to be governed by prior law.

As such, every construction professional should know that new home purchasers and buyers are looking for any and every way to avoid paying the full and just price for their new home. The fact that they may have fallen on difficult financial times is their problem, not yours.

Continue reading "GEORGIA ARCHITECTS, CONTRACTORS, BUILDERS, SUB-CONTRACTORS AND OTHER CONSTRUCTION PROFESSIONALS -- BE AWARE OF ANY TYPE NOTICE OR SUGGESTION FROM THE GEORGIA HOME PURCHASER OR GEORGIA HOMEOWNER ABOUT NOT PAYING YOU" »

As an Atlanta construction arbitration and home defect lawyer, I feel any person, family or business involved in the residential home building industry should be aware that there have been recent changes to the Georgia Code as it relates to new construction contracts and arbitration clauses. Arbitration is a form of dispute resolution, however, unlike mediation, a decision is rendered in favor of one party or the other after a “hearing” or “trial” where an “arbitrator” or “arbitration tribunal” hears evidence, arguments, and other relevant matters and issues concerning the facts and circumstances surrounding the new home construction and real estate dispute.

Because nearly every Georgia new construction contract contains a form of arbitration provision, this is important news for everyone in Georgia involved in new construction, building or renovation. This is especially true for the purchasers and buyers of any newly constructed home in the Atlanta area. Businesses and families entering into new construction, building, or renovation contracts should be extremely cautious about clauses that limit the remedy of any new construction or real estate dispute to binding decision via the arbitration process. This is because the Supreme Court of Georgia has recently ruled, arbitration clauses in new construction contracts are legally binding and your sole remedy under Georgia real estate, construction and contract law. In other words, if you feel the decision made by the arbitrator or arbitration tribunal, was legally wrong or flawed, you have no right to appeal to a higher court of law, or any other court of which would have had jurisdiction had there been no arbitration clause in your Georgia real estate construction contract.

Here is a short list of the types of construction defect cases our Firm handles and which are likely subject to Arbitration:

• Roof Problems and Defects
• Foundation Problems
• Water Leaking, Intrusion and Infiltration
• Improper Drainage or Draining Failure
• Mold and Defective or Dangerous Air Ventilation
• Improper Grading
• Violation of County and State Building Codes
• Improper Foundation Placement
• Failure to Diagnose or Set up Safety Features
• Improper Stucco or Flooring
• Brick Defects and Mortar Issues
• Roof Defects
• Building Code Violations
• Construction Site Safety
• Americans with Disabilities Act (ADA) Inspections and Compliance Reports
• Safety Code Violations
• Construction Management
• Structural Design Flaws

In order to properly protect your real estate investment, I strongly feel that anyone entering into to a construction contract or a new home building contract should retain a real estate business contract lawyer to review, negotiate, or redraft any real estate construction contracts which are unfair to you or “one-sided” in favor of any other party to the contract. In my opinion, as a Georgia construction law attorney and Atlanta construction lawyer, a “best practice rule" for entering into any new construction contract or real estate building contract, is to hire a real estate business contract attorney or construction lawyer to review and make changes to any Georgia real estate contract to protect your interests and investment.

Continue reading "ARBITRATION PROVISIONS ARE BINDING IN GEORGIA NEW CONSTRUCTION CONTRACTS – AND, MOREOVER, LIKELY YOUR SOLE REMEDY UNDER GEORGIA REAL ESTATE LAW" »

As an Atlanta, Georgia home dispute lawyer, I am extremely aware of the importance of having that perfect house built for you. Moreover, recently, I find that even some of the best builders, contractors and subcontractors are cutting corners in the building of your home. This results in eventual material damages that may not be evident in the beginning or initials phases of the construction of your home or while you are living in your home after it is allegedly “finished”; however, they will show themselves over time and create a financial and lifestyle nightmare for you, the homebuyer.

Below is a list of the most common claims and cases our Firm currently has against builders, contractors and sub-contractors:

• Use of Substandard Building Materials
• Negligence in Construction
• Breach of Contract
• Home Building Fraud
• Fraudulent Home Disclosure
• Failure to Disclose Material Home Defects
• Misrepresentation in Home Selling, Building and Construction
• Hiding Defects in Home Purchase and Sale Agreements and Seller’s Disclosure Statements
• Non-Compliance with Industry Standards for Home Construction
• Failure to Maintain or Adhere to Industry Standards in Home Construction
• Incomplete or Poorly Completed Work in Building and Construction of Residence

If you feel that your builder, contractor or sub-contractor is cutting corners in the construction of your home, or you want to protect yourself from this possibility. The Adams Law Offices represents homebuyers, purchasers and investors in construction arbitration, real estate disputes and property litigation. Our Firm also reviews, negotiates, and drafts real estate construction, home building and business contracts. Please feel free to contact us (404) 467-8611 or 1-877-412-3267 to see how we can assist you or feel free to send us a confidential e-mail Web Site contact us form. The Adams Law Offices is conveniently located in the Buckhead section of Atlanta, GA near the intersection of Piedmont and Roswell Roads.