Atlanta Business Lawyer Blog

In my career as an Atlanta, Georgia construction lawyer, I have found that Georgia builders and contractors commonly rely on the one-year new home warranty, mandated by state law, to shield them from accountability for home construction defects. Unfortunately, many new homeowners are unaware that in Georgia, the one-year warranty period does not set a time limit on their ability to rectify Georgia construction defect issues. The fact is that homeowners can sue for compensation related to defects that are discovered after the warranty period has expired.

To ensure proper treatment for home defect issues, it is imperative to consult with an experienced Georgia Real Estate Construction Lawyer as soon as the defects are discovered. An effective strategy for fighting construction defects is to file a breach of construction contract claim. Breach of contract can consist of the builder or contractor not using the proper materials for the job, failure to build the structure to industry standards, poor workmanship on the project and incomplete work. The Georgia statute of limitations for claims involving breach of written contracts is six years, which in many cases is sufficient time for defects to surface. What is more, the statute of limitations only begins to run on latent defects when they are discovered or should have been discovered.

A lawyer qualified to handle Georgia construction breach of contract disputes can guide homeowners through the options for recovering financial losses already incurred and for obtaining monies to repair home defects. Builders and contractors frequently will try to convince homeowners that the one-year warranty period precludes them from having to make an effort to resolve the defects. In these cases the builder is mistaken. Nevertheless, consulting with an Atlanta, Georgia home defect attorney immediately is a prudent first step toward confronting the builder or contractor and the process of forcing the responsible party to correct any problems the homebuyer may have.

Continue reading "GEORGIA HOME CONSTRUCTION DEFECTS -- THE ONE-YEAR WARRANTY PERIOD EXCUSE BUILDERS USE TO TRY TO AVOID THEIR LEGAL RESPONSIBILITIES IS A BOGUS BUILDER TRICK – DO NOT FALL FOR IT!" »

The building, renovation, or repair of a home can involve great expense and stress, even when the project is going smoothly. But when issues arise with contractors over construction defects, the cost and stress of the project can spiral out of control. The resulting mess can ultimately lead to a lawsuit that does not always solve the homeowner’s issues completely. The Georgia Right to Repair Act of 2004 was created to protect homeowners and help them handle these types of construction disputes in a more cost effective and efficient manner. The Act attempts to get homeowners and contractors to work together to solve these disputes without Georgia construction defect litigation or arbitration in a Georgia forum.

The Georgia Right to Repair Act requires that the homeowner perform a series of tasks before seeking relief from the Georgia court system or through the Georgia construction arbitration process. While it is open to question that the Right to Repair Act Letter can be waived by the parties to a construction defect dispute, the general process is that homeowners are first required to inform the contractors in writing of the construction defects. After that, the contractors are allowed a chance to correct the defects. They may opt to fix the problem completely or partially, offer a monetary settlement in place of a fix, or a combine the two methods. Over a 3-month period, several communications are required that must fall within a specific timeline before a lawsuit or an arbitration complaint can be filed by the homeowner. If the contractor fails to respond to the initial notice, or if the settlement offered is inadequate or never executed, the homeowner may file a Georgia construction defect lawsuit or proceed with the Georgia arbitration process for resolution of the construction defect.

Most homeowners will not be able to perform these tasks adequately without the help of an Georgia construction law firm. Failure to comply with the complete series of requirements outlined in the Act will affect the homeowner’s ability to pursue a legal claim. Moreover, the failure to send a Right to Repair Act Letter can be used as an effective defense against defective construction claims. In effect, the steps required by the Right to Repair Act are best handled by an experienced Georgia Construction Defect Attorney who can protect the homeowner's rights and ability to file a claim.

Continue reading "GEORGIA CONSTRUCTION DEFECT ATTORNEYS NAVIGATE THE RIGHT TO REPAIR ACT ON BEHALF OF HOMEOWNERS" »

In my Georgia construction law firm, I recognize that for most people, buying a home is one of the biggest investments they will ever make, so when construction defects are found in a new home or renovation project, the issue can be devastating both financially, emotionally, psychologically, and more. In fact, stress and financial hardship are commonplace for the homeowner burdened with a defective dwelling. Homeowners often lose money on their investment since the property is worth less because of the defects. Our Atlanta construction attorneys refer to this situation as diminution in value. A home with construction defects not only generates less money when sold, but also is much more difficult to sell. Inevitably, homeowners will spend additional time and money to rectify construction issues or lose money on their investment when they sell their home.

Especially true today, it is not uncommon for builders and contractors to find ways to save money on construction projects. Although being cost-conscious does not always result in construction defects, it can increase the likelihood of such occurrences. Additionally, many builders and contractors customarily use subcontractors to complete building projects. Subcontractors are found on most job sites, but the builder or contractor often completes their work with minimal supervision so the quality of their work frequently goes unchecked. Moreover, even in cases where the subcontractor cuts corners to save time or money on a construction project, any resulting defects are still the legal responsibility of the builder or contractor. This is even true when the subcontractor knowingly and purposely hides defects from the builder or contractor. The subcontractor will still be legally responsible as well.

Georgia construction law very clearly states that the builder or contractor is directly accountable for any material defects in the construction project, regardless of who completes the work at the site. Because there is legal recourse for homeowners who discover construction defects, it is wise to consult an experienced Georgia real estate construction lawyer as soon as a problem arises to ensure that your interests are represented. And while many homebuyers who discover defects in the construction of their homes only seek the advice of a Georgia construction attorney once the defects are noticed and legal action is required, it is possible to protect yourself before construction begins by having a qualified real estate construction attorney draft a solid Georgia construction contract or Georgia purchase/sale agreement that will better protect your investment.
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Continue reading "ATLANTA REAL ESTATE CONSTRUCTION ATTORNEYS PROTECT AGAINST HOME DEFECTS AND SAFEGUARD YOUR INVESTMENT" »

As an Atlanta, Georgia construction defect litigation 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 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.

Continue reading "FIND THE BEST ATLANTA BUSINESS AND CONSTRUCTION ATTORNEYS TO ADVISE YOU ON CONSTRUCTION COMPANIES, BUILDERS, SUB-CONTRACTORS AND THEIR LIABILITY FOR REAL ESTATE AND CONSTRUCTION CLAIMS" »

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 defect lawyer and homeowner, I know well the importance of having that perfect house built for you. For the most part, a house is one of, if not the biggest investments, most persons will make in their lifetime. This underscores importance of being extremely diligent and using your best efforts to receive the quality house that you likely have partially paid for and will likely be paying for many years into the future. Oftentimes, you will find that one of the best decisions you can make to ensure your investment is protected, is to retain an experienced real estate construction law firm to represent you and protect your investment.

In my practice as an Atlanta, Georgia house defect lawyer, I find more and more cases where builders/contractors and their sub-contractors are cutting corners in the building of your house to make ends meet. When this is done, you are the one who is left with the defective house, many frustrating home defect problems and the inability to sell your house. These home defects usually result in you taking a large loss in market value of your home. This means that you are essentially stuck with a defective house unless you sell it for much less, than you paid.

The fact of the matter is, most builders will cut corners and build you a sub-standard quality building if they feel they can get away with doing this. This is more so the case with sub-contractors who do the majority of the work and should have to answer to the builder/contractor. In reality, however, the sub-contractors are usually left to themselves with the builder or contractor checking on them very seldom. It is important for you to know that the builder/contractor is responsible for the acts of sub-contractors and any negligent, wrong or defective building done by them. Many of sub-contractors will cut corners and hide this from the builder/contractor. Georgia law is clear, however, that the builder/contractor is responsible for any material defects concerning the building and construction of your house.

If you suspect your builder, contractor, or one of their sub-contractors are cutting corners in the construction of your house, or you want to ensure that your large investment in your home is protected, The Adams Law Offices represents all parties to construction, building, and real estate contracts, construction arbitration, mediation, disputes and litigation. This includes residential homebuyers, purchasers and sellers; residential homebuilders, builders, contractors and sub-contractors; and, commercial lessors and lessees. Our Firm specializes in aggressively resolving real estate, home defect and building disputes and represent clients throughout the metro Atlanta and North Georgia areas. The truth is, most building disputes arise when the damage is already done and one party to the contract needs to seek legal relief. However, we are available review, negotiate or draft any construction contract or home purchase and sale agreement so that you are protected.

Continue reading "TO YOUR DETRIMENT, GEORGIA BUILDERS, CONTRACTORS AND SUB-CONTRACTORS ARE CUTTING CORNERS TO KEEP THEIR CONSTRUCTION COSTS DOWN IN THESE TOUGH ECONOMIC TIMES -- PROTECT YOUR INVESTMENT AND YOUR FUTURE! " »