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.
There are a few “red flags” construction professional need to be aware of, seek, and retain an experienced Georgia construction arbitration and real estate dispute lawyer to collect your unpaid draws, and monies and allow you to finish your construction project. There are many unclear indications that the purchaser or homebuyer is trying to find a way out of paying you. Some of these manners and methods will be very clear to you, while others will be indirect and unusual.
Be aware of the following:
• Receipt of a “Notice of Claim” stating any failure to respond to requests or comply with your contractual obligations.
• A written offer of settlement from the new home purchaser or buyer, which alters the terms of your original contract.
• The new home purchaser of buyer has hired a Georgia real estate, construction or any other attorney to write letters to you or negotiate with you about the price of the home, your work, or other matters relevant to your work or the price of the home.
• Alteration of a procedure for notice or the changing the terms of the Georgia construction contract.
• Offers to settle a claim by monetary payment, the making of repairs, or a combination of both, without inspection.
• Proposals to inspect the new construction or home.
• Constant complaining about small construction issues. These are often considered and called “punchlist” items by construction professionals.
• Failures to timely pay you or excuses not to pay you whether based on your work or otherwise.
• Any other matters out of the ordinary that seem to imply your work is sub-standard or even the appearance that your construction is “not good enough.”
• Constant and incessant complaining about non-standard construction issues.
• Requests by the home purchaser or buyer to use “their own” contactor or builder.
• Requesting that a “relative,” “friend,” or spouse do work on your construction project or oversee matters.
• Input about how you should do your job from parties who are not part of the contract.
• Input from parties who insist they are correct and not part of your construction team.
Under O.C.G.A. 08-02-38, if you receive any notice or evidence for any type of claim or statement for deficient construction, please know you must respond to according to statutory law and there are strict legal manners and methods under which a Georgia construction professional must respond. If any Georgia architects, contractors, builders, sub-contractors and other construction professional are experiencing such acts, mannerisms or circumstances from the new home purchasers or buyers, you should immediately seek the counsel of an experienced Georgia construction arbitration or real estate dispute lawyer to assist you with your response.
The Libby Law Firm helps Georgia architects, contractors, builders, sub-contractors, and other construction professional collect payment under their contract for construction services and not fall victim to complaining and nagging home purchasers or buyers. Our Firm has extensive experience in Georgia construction arbitration, real estate disputes and other legal matters experienced by construction professionals.
Please feel free to contact us (404) 467-8611 to see how we can assist you. Please also feel free to send us a confidential e-mail Web Site contact us form. The Libby Law Firm is conveniently located in the Buckhead section of Atlanta, Georgia near the intersection of Piedmont and Roswell Roads.
The Libby Law Firm helps clients throughout the Metro Atlanta, Georgia area including the following cities, communities, and counties:
Atlanta, GA metro area, Alpharetta, Fairburn, Roswell, Sandy Springs, Buckhead, Decatur, Lithonia, Druid Hills, Dunwoody, Tucker, Marietta, Smyrna, Vinings, Duluth, Acworth, Fayetteville, Marietta, Lawrenceville, Norcross, Morrow, Riverdale, Canton, Milton, John’s Creek and other cities throughout North Georgia. DeKalb County, Fulton County, Cobb County, Gwinnett County, Fayette County, Clayton County and Cherokee County