Georgia has two laws that offer homeowners specific protections when dealing with contractors. Under one law, a licensed residential contractor is required to provide a homeowner with a warranty for the contractor’s work.
The warranty must be in writing. It must provide details about the project that it warrants and the aspects of the project that it covers, e.g., poor workmanship, defective materials, and the like. The period of time for which the warranty is in effect should be spelled out.
In addition, the document should inform homeowners how they can make a legal claim in the event the contractor fails to repair any defects or deficiencies in their work. Generally, in Georgia, contractors provide warranties as required by Georgia law for projects with a value of $2,500 or more.
Georgia also has a Right to Repair law, which states that a homeowner has a right to file a lawsuit against a contractor. A homeowner has to give the contractor notice in writing at least 90 days before filing a lawsuit. The notice must explain that they are going to sue for construction defects.
The notice should identify the defect in detail, including either photographs or a professional inspection report regarding the defects. If someone has suffered personal injury or death as a result of the defects, the requirement to provide the requirement for the 90-day notice is waived.
After receiving the notice, a contractor has 30 days to reply to it, also in writing. The contractor may inspect the house and the defect. The contractor may then respond to the claim in 1 of 4 possible ways:
- Make the repairs required to completely correct the defect;
- Pay the homeowner the amount needed to completely correct the defect;
- Offer some combination of these approaches;
- Refuse to settle and give the homeowner a written explanation of the reason they are not fixing any issues.
If the homeowner chooses to accept the contractor’s offer to repair the defects, the homeowner must communicate the acceptance in writing within 30 days of receiving the contractor’s offer. If the homeowner decides to reject the offer, they must communicate that in writing, too. If the homeowner rejects the offer, the homeowner should explain why they have decided to reject it.
A homeowner has other options as well for suing a contractor for poor workmanship or construction defects. Depending on the facts of the case, a person might sue for breach of contract, negligence, strict product liability for construction defects or breach of express or implied warranty.
What Are Some Legal Claims That Can Be Filed Against a Contractor?
If the homeowner rejects the contractor’s settlement offer made under Georgia’s Right to Repair law, or if the contractor fails to fix the defect or respond to the notice, a homeowner may file a lawsuit. The homeowner might claim that the contractor failed to use proper materials, did incompetent work, or provided a project that is below industry or state standards.
If the court finds that the contractor is at fault, it calculates damages based on the facts of the case and other relevant factors, such as whether the contractor tried to fix the issues.
A homeowner also has the option of opting for an arbitration proceeding instead of a trial to obtain relief. A person would want to consult a local attorney in Georgia before deciding whether to go to court or opt for an arbitration.
Can I Sue a Contractor Without a Contract?
If a person has a contractor perform work for the person, then the person has a contract with the contractor. The contract may not be in writing, but, as noted above, a contract does not have to be in writing in order to be valid. Contracts may be oral. Contracts do not even have to be expressed in words or in writing. They may be implied by circumstances, although that is unlikely in the situation in which a person hires a contractor.
If a person does not have a written contract with their contractor, it is probably the case that they have an oral contract. That is because they talked about the project that the contractor was hired to complete, even though they did not express their understanding in writing.
Also, in Georgia, the contractor is required to provide a customer with a written warranty, as noted above. This written warranty is a type of contract.
It is important to note that when hiring a contractor, a person has the right to a written contract, and it would be best to have a written contract. A good contract would specify the scope of work the contractor is to perform. Scope of work is simply the work that the contractor is supposed to do. It may also include exclusions, i.e., specific things the contractor is not going to do.
A written contract should also include the timeline for the project and of course the price that is to be paid. This contract should also include the schedule according to which payment is to be made. Another important item would be a list of materials to be used. It might specify that there are to be no substitutions of materials, if material quality is important to the customer.
Putting a contract into written form helps prevent misunderstandings and is also helpful if there is a dispute, especially one that ends up in a court of law.
How Do I Sue for Breach of Contract?
If a person wants to sue under Georgia’s Right to Repair law, they would have to first go through the steps noted above. Only after following the procedure required by the law would a person be able to file a lawsuit against their contractor.
Even if a person wants to sue on a traditional theory of breach of contract or negligence, they would still attempt a resolution through negotiation before filing a lawsuit against the contractor. This is standard in the case of any lawsuit.
One of the options is to try to negotiate a settlement. Another option would be to try an alternative dispute resolution procedure, e.g., mediation, with the contractor. Of course, if none of these options are successful, then a person would have to think about going to court.
A person’s first step is to gather all evidence they have that supports their claim. This includes contracts, invoices, receipts, and any communication with the contractor, such as emails or text messages. It is also important to document any damages that were caused by the contractor’s negligence or breach of contract.
To file a lawsuit against the contractor, a person would need to prepare a complaint. Filing the complaint with the clerk of the court and serving the complaint and a summons on the defendant contractor begins a lawsuit.
A person would have to select the court in which to sue. A person can sue for up to $15,000 in a Georgia Magistrate Court. People with claims above that limit should file in a superior court.
How Much Does It Cost to Sue a Contractor?
This question cannot be answered with specificity. How much it would cost to sue a contractor is going to depend on a number of things. If a person hires an attorney to represent them, the cost would depend on how much the attorney charges and how much time the attorney must devote to the case before it can be resolved. That is because an attorney is likely to charge an hourly fee for their service.
In addition, a person might need to hire an expert witness to testify in what way the contractor’s work is deficient. This would add to the cost.
What Is the Statute of Limitations for Contract Disputes?
In Georgia, the statute of limitations for an action based on a written contract is 3, 5, or 20 years. If the contract the person has with their contractor is an oral one, the statute of limitations is 4 years. If the cause of action is for negligence resulting in injury to a person, the statute of limitations is 2 years. If a person sues for property damage, the statute of limitations is 4 years.
Do I Need an Attorney for Suing a Contractor?
You want to consult a Georgia contract lawyer as soon as possible if you have a significant issue with a contractor. LegalMatch.com can connect you quickly to a lawyer near you who is ready to take on your case and make sure your rights are protected.
