§ 8-2-40. Effect of Claimant’s Acceptance of Settlement; Subrogation of Insurance
If a claimant accepts an offer made in compliance with this part and the contractor fulfills the offer in compliance with this part: The claimant shall thereafter be barred from bringing an action for the claim described in the notice of claim; and A contractor’s performance of repairs or payment of money to a claimant […]
§ 8-2-41. Notice to Consumer Prior to Beginning Initial Construction Work
Upon entering into a contract for sale, construction, or improvement of a dwelling, the contractor shall provide notice to the owner of the dwelling of the contractor’s right to resolve alleged construction defects before a claimant may commence litigation against the contractor. Such notice shall be conspicuous and may be included as part of the […]
§ 8-2-42. Bribery of Property or Association Managers Regarding Claims for Damages Arising Out of Construction Defects Prohibited; Procedure for Bringing Action to Remedy Construction Defects
A person shall not provide or offer to provide anything of value, directly or indirectly, to a property manager of an association or to a member or officer of an association to induce the property manager, member, or officer to encourage or discourage the association to file a claim for damages arising from a construction […]
§ 8-2-43. No Cause of Action Created; Contractor’s Right to Seek Recovery From Subcontractor or Other Professional; Contract Controls Over Provisions; Applicability
Nothing in this part shall create any cause of action on behalf of any claimant or contractor. This part does not apply to a contractor’s right to seek contribution, indemnity, or recovery against a subcontractor, supplier, or design professional for any claim made against a contractor by a claimant. In the event of any conflict […]
§ 8-2-35. Legislative Findings and Declarations
The legislature finds, declares, and determines that Georgia needs an alternative method to resolve legitimate construction disputes that would reduce the need for litigation while adequately protecting the rights of homeowners. The legislature declares that an effective alternative dispute resolution mechanism in certain construction defect matters should involve the claimant filing a notice of claim […]
§ 8-2-36. Definitions
As used in this part, the term: “Action” means any civil lawsuit, judicial action, or arbitration proceeding asserting a claim in whole or in part for damages or other relief in connection with a dwelling or common area caused by an alleged construction defect. “Association” means a corporation formed for the purpose of exercising the […]
§ 8-2-37. Required Compliance With This Part
If a claimant files an action without first complying with the requirements of this part, on application by a party to the action, the court or arbitrator shall stay the action until the claimant has complied with the requirements of this part. To the extent that the action includes a cause of action for damages […]
§ 8-2-38. Notice of Claim; Written Response of Contractor to Claim; Effect of Contractor’s Failure to Respond; Inspection; Offer of Settlement and Rejection of Offer; Alteration of Procedure for Notice
In every action subject to this part, the claimant shall, no later than 90 days before initiating an action against a contractor, provide service of written notice of claim on that contractor. The notice of claim shall state that the claimant asserts a construction defect claim or claims and is providing notice of the claim […]
§ 8-2-39. Discovery of Additional Defects After Original Notice Given
A construction defect that is discovered after a claimant has provided a contractor with the initial claim notice may not be alleged in an action until the claimant has given the contractor who performed the original construction: Written notice of claim regarding the alleged defect as required by Code Section 8-2-38; and An opportunity to […]