Atlanta Business Lawyer Blog

As a Construction Lawyer in Atlanta, Georgia, I have noticed the poor economic climate is forcing more and more people to take desperate measures. As an Atlanta, Marietta, Buckhead and Sandy Springs Commercial Litigation Lawyer, I have seen an increase in claims by construction professionals against homebuyers who are backing out of real estate construction deals. In many of these cases, the homebuyers are looking for ways to blame construction professions for poor quality and workmanship so that they can walk away from the contract and not pay at all, or pay a lower price for work already done.

The following is a list of items that you may have received or experienced that should be considered a possible indication that the homebuyer is considering backing out of the construction contract:

• documents on behalf of the homeowner from a Georgia lawyer regarding pricing or quality of the work performed

• a Notice of Claim regarding your contractual obligations

• a written offer of settlement from the client that changes the terms of the original contract

• a proposal to inspect the building site

• an offer to settle a claim without an inspection

• a request to have a third party, for example a contractor or friend, work on or oversee the project

• continuous complaints about the quality of work

• failure to pay in a timely manner, for any reason

Continue reading "ATLANTA CONSTRUCTION LAWYERS ISSUE ALERT! MAKE CONSTRUCTION INDUSTRY PROFESSIONALS BEWARE - WATCH FOR THESE TELLTAIL SIGNS YOUR NOT GOING TO GET PAID BY THE HOMEOWNER-PURCHASER " »

Construction defects can be costly to rectify and can negatively affect the value of a home and the ability to resell it (this is often called a diminution in value). Some of the more serious and difficult to fix issues stem from a defective home foundation. A home’s foundation can withstand hundreds of years of use if correctly constructed and usually can outlast the home built on top of it. However, if built poorly, a foundation can be the source of problems that threaten the stability of the home and, ultimately, the homeowner’s investment.

It is sad to know, that whether I am working in Sandy Springs as a “Sandy Springs Construction Home Defect Attorney,” the Buckhead Area as a “Buckhead Construction Home Defect Attorney,” in Fulton County as an Atlanta Construction Home Defect Attorney, in Gwinnett County as a Duluth or Lawrenceville Construction Home Defect Attorney, in Forsyth County as a Cumming Construction Home Defect Attorney, in Cobb County as an Acworth, Kennesaw or Marietta Construction Home Defect Attorney, and/or last but not least, in DeKalb County as a Decatur Construction Home Defect Attorney, the critical foundation problems I see in my Atlanta-Based Home Construction Defect Law Practice all stem from common defective construction that could have been prevented had the builder, contractor, or sub-contractor taken care in the construction of the home, and in particular, the foundation.

Unfortunately, these issues may not become known until several years after the building is complete. The result can be a nightmare scenario that leaves the homeowner unsure of what recourse is available under Georgia law. In many cases, by the time the defect is noticed, the builder or contractor responsible for the poor work usually denies that the foundation defects are their responsibility. For this reason, we also may engage various insurance companies to seek a remedy and relief for the homeowner in addition to pursuing the builder and contractor.

The foundation is especially critical because not only does it support the house, it also provides a moisture barrier that keeps the home dry and mold free. A solid foundation also insulates the home from cold and protects the home from damage caused by the ground shifting. Poured concrete reinforced by steel is thought by some experts to be a stronger material for foundations than concrete block or stone, and foundations can be built below ground on footings to provide a basement, or built as a slab. Regardless of the materials used to build the foundation, or its type of construction, all foundation types can fail for a variety of common reasons.

Improper initial site evaluation by the builder is one common cause of foundation issues. The first thing a builder must do when planning new construction is to evaluate the property’s soil type, water table, and grade. This will allow the builder to determine where to place the home on the property and what materials to use. Once that decision has been made, the soil preparation, process of laying the concrete and backfill used around the foundation all will affect the integrity of the foundation.

The foundation must be poured over solid ground that is prepared correctly, and compacted, so it does not settle and cause the foundation to crack. Properly leveling and packing crushed stone before pouring a slab, for example, will help prevent the slab from cracking. If the property contains any landfill material that may decompose over time, the soil must be reengineered to withstand the force of the foundation and the building. Additionally, concrete should be poured in one day to avoid creating a “cold joint” between fresh and semi-cured or cured concrete. This condition usually results in a cracked foundation that will leak. Concrete must also be allowed to cure slowly. Only by curing slowly will the concrete reach a strength that will support the weight of the house (around 3,000 pounds per square inch). Finally, the material used to backfill around the foundation will affect the longevity of the structure. Soils with a high clay or organic content absorb and hold water and can cause cracks in the foundation during freeze/thaw cycles when used as backfill.

Continue reading "CONSTRUCTION DEFECT LAWYERS IN ATLANTA, GEORGIA WORK WITH HOME PURCHASERS TO REMEDY FOUNDATION AND OTHER CONSTRUCTION DEFECTS" »

As an Atlanta, Georgia construction defect lawyer, improper concrete installation is a defect, which usually causes significant, costly, and severe damage. By the very nature of concrete’s physical makeup, its uses in construction, and its importance in our day-to-day construction world, construction defects are costly to correct. Oftentimes, these defects are not open and obvious and occur over time, making them even harder to detect or place blame on the party at fault. Nevertheless, Georgia law gives legal recourse to seek a legal remedy for all types of construction defects. As an Atlanta, Georgia Construction Defect Attorney, I always recommend that homeowners seek an Atlanta Construction Defect Lawyer with significant knowledge of concrete. Additionally, it is equally as important to find an engineer to work with you who understands concrete uses, its physical attributes, and how to rectify these defects. Usually a good construction defect attorney will have their construction expert they prefer. Quickly rectifying these issues, especially when they relate to concrete, is critical. If left unaddressed, concrete defects can worsen with time and seriously affect the structural integrity of the home. Ultimately, the safety of the dwelling, and ability of the homeowner to sell the property in the future, is at stake. Conversely, when working with construction companies to rectify their mistake or disprove accusations of fault, it is important to have independent concrete engineer and a working knowledge of concrete, its attributes, and the building industry standards.

As homeowners, we are forced to put our trust in many types of contractors and usually it is relatively straightforward to find a qualified professional who, through referrals, can make repairs. However, in new construction timelines and oversight of projects, contractors are usually not intimately involved in overseeing the project. This is especially true after the home is purchased and the pre-build out is complete. Unfortunately, it may be months or even years after the buyers move into the home, before the Georgia concrete construction defects discovered. Thus, it usually becomes a daunting task to rectify the situation by correcting the defects in a suitable fashion, finding the responsible parties, and holding accountable the responsible parties.

A Georgia construct defect attorney with knowledge of concrete can be invaluable in this process. This is especially true if this Georgia construction lawyer has a trusted construction concrete engineer by their side. One of the first things an attorney will do is to locate an expert who will inspect and evaluate the defects. This expert can also act as a witness during any necessary arbitration or litigation. The expert will have an insightful understanding of the science behind concrete application, not mere experience. This is critical and an experienced construction defect attorney will look for a construction expert who understands the importance of site evaluation, proper mixing techniques, the range of cement grades, correct concrete installation, proper curing for under different types of weather conditions and backfill quality.

Continue reading "ATLANTA CONSTRUCTION DEFECT LAWYERS SAYS "GEORGIA HOMEOWNERS AND CONTRACTORS PLAGUED BY IMPROPER CONCRETE INSTALLATION – THE MONSTER AMONG DEFECTS"" »

As a residential and commercial construction arbitration lawyer in Atlanta, Georgia, I can assure you that most persons entering into a Georgia construction contract do not think of worst case scenarios should any parties to the contract fail to perform their obligations according to Georgia construction contract law and construction industry standards.

• What is Georgia Construction arbitration; Is it binding? How does it work?

• What will happens if a contracting party fails to pay?

• What happens if the purchaser of contractor or builder services cannot be satisfied no matter what is done?

• What will happen if the contractor or builder neglects his duties?

• What do I do if I receive a Georgia “Right to Repair Act” Letter?

• Do I need to, and should I, send a Georgia “Right to Repair Act” Letter?

• What will happen if residential or commercial construction does not meet or exceed industry standards?

The questions and scenarios surrounding Georgia construction claims are endless as are the actual real life occurrences, which I witness happening day in and day out. To survive in the construction business world, it is best to be prepared for all possibilities. The best way to do this is to have a contract in place which fairly, resourcefully, and adequately covers almost any issues which might arise in any Georgia construction claim scenario.

For years, Georgia construction litigation was considered the more costly, more time consuming manner of dealing with disputes, and so many contracts included arbitration clauses instead. Georgia construction arbitration has many varied forms and phases, which are its counterparts to Georgia litigation. It is usually up to the parties to an arbitration, with the assistance of the arbitrator or arbitration panel, to make the decisions about pre-arbitration matters which are somewhat customized to the construction case. The most important and controversial aspect to Georgia construction arbitration clauses are that they are binding decisions and cannot be appealed to any court absent extraordinary circumstances. Even then, they are rarely overturned by a court of competent jurisdiction, but merely modified. One might say the good news in all of this is that Georgia construction arbitration can be a relatively fast and inexpensive forum for resolving Georgia construction disputes.

However, others counter this argument stating that the cost of arbitration has skyrocketed while the time it takes for a case to make its way through Georgia state courts has diminished significantly.

Two California Supreme Court cases held that the courts cannot overturn a binding arbitration award even if the arbitrator fails to follow California substantive law. As a result, it becomes literally impossible to have an erroneous decision reviewed by the courts. While this is a California case, State Supreme Court holdings often have a strong influence on the courts in other states.

Needless to say, if you enter into a Georgia Contract with arbitration, you should consult a Georgia contract lawyer with expertise in arbitration and alternative dispute resolution. This is especially true if the contract you are entering is a Georgia construction contract for new home construction, a renovation contract, or contract for any similar building, structure creation, or like-kind services.

Formerly a typical arbitration clause in a construction contract might read as follows:

All claims or disputes between the contractor and the Owner arising out of or relating to the Contract Documents, or the breach thereof, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof.

- American Institute of Architects specifications (formA201) -

Due to the current trends in Georgia construction law and the arbitration process itself, as an Atlanta, Georgia construction lawyer with The Adams Law Offices, I would suggest incorporating certain additional considerations into arbitration clauses when used to give the parties to an arbitration greater control. For example,

Arbitration forum. The standard dispute resolution forum in the construction industry is the American Arbitration Association (AAA). However, recently, a number of other dispute resolution service providers (e.g. Judicial Arbitration and Mediation Service "JAMS") have developed and many attorneys now prefer them over the AAA. The choice of an arbitration forum should be reviewed in context of the cost, arbitration panel members, and forum arbitration rules. Particular attention should be paid to the forum's arbitration rules since they are incorporated into the arbitration clause. Though, the arbitration clause may include provisions that delete all or portions of the forum's rules.

Discovery. Most arbitration clauses limit the scope of pre-arbitration discovery. A well-drafted arbitration clause will restrict or expand discovery to correlate to the dollar value of the dispute.

Standard for Court Review of the Award. An arbitration clause can be drafted to require the arbitrators’ decision to comply with the substantive law. If the arbitrator violates such a provision, the parties to the arbitration may seek to overturn the award since the arbitrator exceeded the authority granted under the arbitration contract clause. To ensure that a court has enough information to properly review the arbitrators’ award the arbitration clause should also require the arbitrators to render a well- reasoned opinion. The opinion should include a statement of the factual determination made by the arbitrators and the conclusions of law rendered by the arbitrator. Finally, if you want the decision to be reviewed by the courts for compliance with substantive law, a provision should be included in the clause that clearly states that desire.

The best method for ensuring that a Georgia construction dispute is correctly and fairly resolved is through situation-specific clauses in properly-drafted construction contracts. The arbitration clause is one of many clauses included in a typical construction contract, and each clause can be affected greatly by recent changes in the law. It is thus wise for any construction contract to be drafted or at least reviewed by counsel before signing.

The Adams Law Offices Georgia construction lawyers can negotiate, review, and draft your construction contract in light of all of the most recent changes in accordance to Georgia construction law and arbitration proceedings, which is most favorable to you. If you are considering entering into a construction contract or amending a previous contract in light of recent changes in the law, contact our Atlanta construction contract law firm and come in for a consultation. Seeking the assistance of a seasoned Atlanta, Georgia construction contract and arbitration lawyer adept is the least you can do to protect yourself from worst case scenarios.

As a well-known Georgia construction arbitration lawyer with a perfect Avvo rating of 10, I am here to tell you that if anything can go wrong in a construction contract or in construction, it will. The very nature, imperfection, and importance construction combined with the building a home or commercial structure readily lends itself to disputes and conflict. This is likely true because for many, a home is the biggest purchase you will ever make in your life. In addition, construction is not what it seems to be on paper. It is, by its nature, imperfect and the result and methods of construction are readily subjective.

In short, protect yourself because this construction is “big deal” to parties to the contract and maintains a high rate of conflict.

If you have legal dispute or binding arbitration with a contractor, builder, sub-contractor or architect whose work does not meet or exceed Georgia industry standards, you should contact The Adams Law Offices without delay.

Continue reading "ATLANTA, GEORGIA CONSTRUCTION ARBITRATION ATTORNEYS, ARBITRATION CLAUSES, THE RIGHT TO REPAIR ACT, AND MORE; FIND THE BEST GA CONSTRUCTION LAWYER TO ASSIST WITH CONTRACT AND ARBITRATION DISPUTES, LITIGATION, AND GEORGIA CONSTRUCTION CLAIMS " »

As a Georgia construction defect lawyer in Atlanta, I realize the importance of new construction arbitration and its binding effect. The legal forum for resolving Georgia new construction defect disputes is usually binding arbitration and triggered by a clause in the “New Construction Dispute Resolution Section” in the “Home Purchase Agreement”. In most cases, the arbitration ruling is final. This means there is no chance to challenge the arbitration ruling, such as an appeal. In short, new home construction arbitration in Georgia is final. Should you disagree with the arbitrator’s award or judgment in your case, you are stuck with their ruling – and, no legal recourse. In your new home construction arbitration case, I know the importance and necessity of having affordable, zealous, and aggressive legal representation leading the way.

As an Atlanta construction law attorney, I have successfully represented countless clients in Georgia home construction defect arbitration cases. I have also represented countless clients in Georgia home construction defect negotiations. What is more, I have successfully brought contractors, builders, sub-contractors, and architects who are at fault, “to the table”, forced them to take responsibility and for their defective construction or design and pay damages, forced them to correct the defects at no charge to the home buyer, or both. It therefore stands that I know what you must look for in choosing a lawyer to represent you in a Georgia construction dispute. This is especially true if your dispute is to be decided through binding arbitration. Regardless, you must decide when it is the right time to seek the assistance of a Georgia construction attorney.

I would presume you found this article because you believe you have a construction defect in your home or other structure, which was caused by or through the negligence, malfeasance, or fraud of your contractor, builder, sub-Contractor, or architect. You will be glad to know, your search has landed you in the right place. The order of events in discovering and addressing a construction defect in your new home are as follows:

• You have found what you believe to be a construction defect

• You have tried to get the contractor to correct what you believe to be a defect, but you can’t get your contractor to correct the problem, or your problem gets the proverbial “band aid” placed on it

• You realize this is your house, it’s probably the biggest purchase you’ll ever make, you will call this place home, and your sixth sense tells you this is not a situation to take lightly and you should see a professional, such as a Georgia Construction Defect Law Attorney!

When you have verified that something is wrong with your home, and that the contractor, builder, sub-contractor, architect, etc. are not going to assist you in addressing or correcting the situation, it’s time to move on to more assertive behavior to protect your asset, as follows:

• Notify the contractor that there is a problem and give him one last chance

• Verify through a third party expert that the problem you believe is a home defect is the type of defect the contractor, builder, sub-contractor or architect should be responsible for, and should correct

• Verify through a third party inspector, expert, or other such person privy to the costs of correcting construction defects, and determine that the costs involved in hiring an attorney are justified. Make sure you consider the total affect the defect will have on you such as diminution in value, future sale value, the problem becoming worse over time, etc.

Now, you have properly identified and noted a construction defect for which the contractor, builder, sub-contractor or architect should be responsible, but will not correct. You have double-checked your findings through a third-party, and you have calculated that the problem is significant monetary issue to seek the assistance of a professional. Now it’s time to seek out your Georgia construction defect attorney to assist you.

Continue reading "FIND AND HIRE THE BEST ATLANTA CONSTRUCTION DEFECT LAWYER – RETAIN AN EXPERT GEORGIA HOME DEFECT ATTORNEY – FACTORS TO CONSIDER TO FROM AN INSIDER’S VIEW" »

In my Atlanta, Georgia Civil Arbitration Law Firm, I have worked with clients who have taken their business disputes to the court system for resolution and others who have gone through the process of arbitration. Many times, a business contract specifically states that all disputes must be resolved through arbitration, yet unless contractually mandated, arbitration is often overlooked. It is important to note that while both methods have their advantages; arbitration is often the fastest and can be very cost effective.

In Georgia, it can take a minimum of a year for a case to go to trial, while the date of the final arbitration hearing can be set much sooner. Disputes are often resolved just a few months after the arbitration process is initiated. The disadvantage to arbitration is that the parties named in the dispute will pay for the time of an arbitrator. Arbitrators belong to arbitration associations that are usually private businesses, and fees for an arbitrator can cost several hundred dollars per hour. The court system, on the other hand, is funded by tax revenue and requires that the parties pay only filing fees and some other expenses and costs.

Besides the timing advantage, another strong point to arbitration is that the parties can choose the arbitrator that will preside over the case. Arbitrators have been trained in specific technical areas of the law and can be picked with this in mind. Judges in court proceedings cannot be picked and, although they have a broad knowledge of the law, the judge assigned to a case may not possess proficiency in the area that the dispute covers. In complex Georgia Business Disputes, having the option to choose a knowledgeable arbitrator will ensure that all parties are treated fairly under Georgia law.

When involved in business disputes resolved in the court system or through arbitration, it is advisable to retain an Atlanta, Georgia Arbitration Attorney. The lawyers at The Adams Law Offices have practice experience in all areas of Business Arbitration, Construction Arbitration, Contract Arbitration, and numerous other areas of law in which arbitration is an appropriate potential resolution.

The Georgia Arbitration Attorneys at The Adams Law Offices are well versed in the Georgia Arbitration Process despite the various rules and regulations set forth by different arbitration companies. Arbitration is a somewhat new alternative to litigation. While arbitration has been around for centuries, its modern day application is rapidly increasing.

At The Adams Law Offices, our Atlanta, Georgia Arbitration Lawyers know how to use the arbitration process to your advantage. The rules in an arbitration proceeding are usually more casual and the arbitrator or arbitration panel is usually more knowledgeable about the subject matter of the arbitration. The Adams Law Offices Atlanta, Georgia Arbitration lawyers keep abreast of the arbitration trends in various areas of law as well as the tendencies of local and regional arbitration panels. Protecting and promoting the best interests of you, your families, and your business, are at the heart of our goals. We invite you to let us educate you about the Georgia Arbitration Process. It can be effective, less costly, and in many cases such as Georgia New Construction Arbitration Cases, binding with no right to appeal.

Continue reading "ATLANTA ARBITRATION ATTORNEYS SAY GEORGIA ARBITRATION PROCESS MORE EFFECTIVE THAN COURT TRIALS – AND OFTEN OVERLOOKED AS RESOLUTION" »

As an Atlanta Construction Attorney, making up for the recent decline in the Georgia construction industry, many builders, contractors, and sub-contractors are cutting corners to produce homes that cost them less material in and labor to produce. In some cases, poor workmanship is the result of lack of experience on the part of a well-meaning contractor. Regardless of the cause, the outcome is the same for the homeowner, a home with construction defects. Poor quality and workmanship creates a financial hardship for the homeowner, who in the most severe cases may not be able to remain in the home. Building defects in your home can affect your life in very adverse ways. I even know of many couples who were on the verge of divorce because of a builder’s construction defects. Ironically, this was supposed to be their dream home.

In my Georgia Home-Builder Defect law firm, we have seen an increase in the number of new cases that are related to home construction quality. Claims at our firm are common in the following areas: use of use of substandard material, breach of contract, non-disclosure of material defects, fraud in home construction, fraud on the home disclosure statement, construction negligence, misrepresentation of construction and sale, failure to meet industry building standards and incomplete work.

For many affected homeowners, the issues cited in these cases only became noticeable after the home construction was complete and the owners had been living in the home for a period of time. Under Georgia’s Right to Repair Act, even after the home warranty has expired, homeowners can seek resolution of these construction defects. It is imperative that homeowners who have found or suspect construction defects contact a Georgia Construction Defect Attorney who can guide them through the process.

Serious construction defects must be repaired or they can affect the value of the home and the safety of the occupants. If you have noticed any problems with the construction quality of your home, contact the qualified construction defect attorneys at The Adams Law Offices. Our lawyers have can easily handle the complexities of real estate and construction law and will work with you to ensure the best possible outcome of any arbitration or litigation.

Continue reading "ATLANTA CONSTRUCTION ATTORNEYS STATE, “GEORGIA HOMEOWNERS BEWARE, HOME CONSTRUCTION QUALITY IS DECLINING”" »

Over the years I have handled many construction claims in my Atlanta, Georgia Construction Litigation Law Firm. Many intricacies to construction litigation are not understood by attorneys that do not normally litigate or arbitrate these types of cases. Two of the key concerns of plaintiffs in any Georgia construction dispute are to determine who is liable for Georgia commercial or residential construction defects, and who will pay for the damages that can be recovered. With possibly dozens of workers who touched the worksite, including architects, builders, contractors and independent sub-contractors, it can be difficult to sort out what exactly caused the issue and who the responsible party is.

Many people would automatically assume that the officers and employees of the construction company, when incorporated, would be protected from liability. But under Georgia law, there are ways to assign responsibility to construction company representatives, even when the company is incorporated. Having the construction litigation experience to address these issues effectively is critical. As a result, retaining legal counsel from an experienced Georgia construction litigation and arbitration lawyer is necessary to obtain a favorable outcome.

Besides providing representation for property owners with claims, construction litigation and arbitration attorneys can help construction companies and contractors in Georgia assess risk and organize defenses against potential claims. In today’s tough economic climate, builders and construction companies cannot afford to lose money on lawsuits that expend precious resources. Retaining the best possible Atlanta, Georgia construction legal counsel will save time and money for defendants.

Continue reading "GEORGIA CONSTRUCTION LITIGATION AND ARBITRATION - LIABILITY AND RECOVERY OF DAMAGES" »

As an Atlanta, Georgia construction lawyer who focuses on Georgia home construction defects, I am well aware that an improperly installed roof can quickly compromise the total structure of the building it was meant to protect. A sound roof is similar to a solid foundation; a sound roofing system will shield a home from the elements and prevent water damage, energy loss and insect and animal infestations. This is aside from the direct, more open and obvious damages an improper roof can cause.

Quite often in the case of roofing, out of sight is out of mind. It is easy to overlook hard to reach parts of a house and multi-story structures and roof slopes can make self-inspection difficult. It is well worth the money spent to have your roof properly and thoroughly checked for Georgia roofing construction defects that can cause deterioration and damage. This is true even though a roofing professional needs to be hired to perform this task.

Some roofing deterioration is a part of age, but other conditions are a result of poor workmanship and cost cutting by installers. Whenever hiring a roofing company, it is best to personally oversee any roofing work that is done. But many times this is not possible, especially when purchasing an older home that has just been re-roofed, or a new home several months after construction is complete. Once a roofing defect is suspected, it is important to retain an Atlanta, Georgia Construction Defect Attorney to help recover damages.

Understanding some of the key components of a good roofing system will help homeowners recognize the types of roofing defects that cause future structural damage.

• Decking – This is the base, into which shingles are nailed. In newer homes plywood is the most common decking material.

• Shingles – Improperly installed or sub-standard shingles will deteriorate more rapidly and shorten the life of your roof. Shingles come in many types, including asphalt, wood, metal and clay. Asphalt shingles are the most economical and common type. Bald spots on asphalt shingles indicate a loss of granules and, if the roof is newer, can indicate poor shingle quality.

• Roof Vents and Soffits – When venting is sufficient, it prolongs the life of the roof by removing heat and moisture from the attic. Improperly installed, or insufficient venting, can cause excessive energy usage (to cool and heat the home) and be the source of structural damage, such as deck warping, and mold/mildew. In cold climates during the winter, heat buildup in the attic can lead to the formation of ice dams on the roof that cause leaking.

• Flashing – Flashing, when installed properly, will stop water from entering the home around vent pipes, chimneys, skylights and where the roof might meet an exterior wall surface.

• Gutters and eaves troughs - These systems carry water off the roof and away from the foundation. A poorly designed drainage system on a pitched roof will not usually cause leaks, but can damage the home’s foundation. For flat roofs, improperly designed drainage will eventually compromise the roofing material and cause leaks.

Continue reading "GEORGIA HOMEOWNERS HAVE LEGAL RECOURSE FROM ROOFING DEFECTS" »

Finding a construction defect in your Georgia home can be a devastating experience that leads to costly repairs and a significant drop in the home’s value. This is especially true if these defects are not quickly corrected or allowed to worsen. In my Atlanta Construction Defect Law firm, I find that there are several common types of defects that occur. Design defects are created in the initial planning stages if the architect or engineer does not follow industry standards in drafting the design. Construction deficiencies are evident when the structure is built using inferior workmanship. Material defects arise when the builder uses substandard materials in the construction of the structure. Subsurface deficiencies occur when the structure’s foundation is inadequate for the type and configuration of the land upon which the structure is built.

It is critical that you seek legal counsel when faced with one of the above construction defects. A qualified Georgia Construction Defect Attorney can help you identify the best possible strategy to resolve the issue. One first step is the identification of an architect or engineer who provides litigation and arbitration support and can provide a thorough inspection. The inspection should be done as soon as a problem is noticed or suspected, but it is important to pick an appropriate professional expert to conduct do the inspection.

An experienced Atlanta, Georgia construction attorney will be able to put you in contact with an architect or engineer that is qualified to review and evaluate the type of construction defect(s) found, even if it is not immediately evident when visually inspected. Finding the right expert to provide this data is critical. Besides providing the inspection, the expert architect or engineer likely will be be providing testimony and case support during the Georgia construction litigation or arbitration process and will be asked to propose corrective measures. Under Georgia law, you do have legal recourse and can fight to restore the structure and/or receive compensation for damage.

Continue reading "ATLANTA, GEORGIA CONSTRUCTION DEFECTS – CONSTRUCTION DEFECT ATTORNEYS PROVIDE LEGAL RECOURSE" »

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! " »