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 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”" »

Atlanta, Georgia, Construction Lawyers know most new residential real estate contracts transactions in Georgia have a clause mandating binding arbitration if there is a dispute between the contractor/builder and homebuyer. Several years ago the Georgia Supreme Court ruled that arbitration is legally binding. As a result, once a decision is made during arbitration, it cannot be appealed to any other higher court of law. This is significant because most new construction contracts in Georgia today contain an arbitration provision.

Because most commercial and residential real estate contracts contain arbitration clauses, extreme caution is advised to anyone entering into one of these contracts. It is imperative to retain the counsel of an experienced Construction Defect Attorney in Atlanta, Georgia, who can help you protect your investment before any documents are signed. An attorney will review the original contract and negotiate any clauses that might be unfavorable to you. This is the best way to protect against future damages.

In my Atlanta, Georgia Real Estate Construction law firm, some of my clients are surprised to hear that their construction contract contains an arbitration clause. They come to me because they must resolve a construction issue and are very concerned when they learn that the decision reached in Georgia Construction Arbitration will be final. The fact is that most people do not realize that the contract they have signed contains an arbitration clause. For these clients, the best remedy is to work with a Atlanta, Georgia Construction Lawyer to prepare for arbitration.

Because of the financial implications associated with real estate transactions, it is critical to work with a Georgia construction and real estate lawyer to safeguard your investment. The attorneys at The Adams Law Offices represent all individuals during arbitration, including homeowners, investors, builders and contractors. If you would like to speak with an Atlanta construction attorney or Georgia real estate lawyer about a real estate transaction, please call us at (404) 467-8611, or toll free at (877) 412-3267. You may also send us a message through our confidential “Contact Us” form on our website. The Adams Law Offices' main location is conveniently situated in the historic Buckhead section of Atlanta near the Buckhead Triangle.

Continue reading "ATLANTA, GEORGIA, CONSTRUCTION LAWYERS ARE A MUST IN CONSTRUCTION AGREEMENTS " »

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" »

The Atlanta, Georgia, home defect and construction defect lawyers, at our firm 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. In my practice as a Atlanta, Georgia, new construction defect 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 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.

Continue reading "FIND AN EXPERIENCED ATLANTA, GEORGIA, REAL ESTATE AND CONSTRUCTION DEFECT ATTORNEY IMMEDIATELY UPON DISCOVERING LATENT DEFECTS IN YOUR HOME" »

As Atlanta construction litigation lawyers and Georgia home defect attorneys 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, 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.

Continue reading "BUILDERS, CONTRACTORS AND SUB-CONTRACTORS ARE CUTTING COSTS AND THE QUALITY OF YOUR HOUSE, AND YOU, SUFFER – HERE ARE SOME COMMON AREAS WHERE THIS IS BEING DONE " »