Construction Defect Demand Letter - Georgia

CONSTRUCTION DEFECT DEMAND LETTER

STATE OF GEORGIA

NOTICE PURSUANT TO GEORGIA RIGHT TO REPAIR ACT

SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND REGULAR FIRST-CLASS MAIL

[DATE]

[CONTRACTOR/BUILDER NAME]
[ADDRESS]
[CITY, STATE ZIP]
Georgia Contractor License No.: [LICENSE NUMBER]

Re: STATUTORY NOTICE OF CONSTRUCTION DEFECTS
Property Address: [PROPERTY ADDRESS]
Owner: [OWNER NAME]
Original Contract Date: [DATE]
Substantial Completion Date: [DATE]

Dear Sir or Madam:

This firm represents [OWNER NAME] ("Owner" or "Claimant") regarding construction defects at the above-referenced property. If this claim is an action covered by the Georgia Right to Repair Act, this letter constitutes the notice required by O.C.G.A. Sections 8-2-35 through 8-2-43 and provides the statutory opportunity to offer settlement or propose an inspection before litigation or arbitration begins.

THIS NOTICE IS SERVED AT LEAST NINETY (90) DAYS BEFORE ANY COVERED ACTION. YOUR WRITTEN RESPONSE IS DUE WITHIN THIRTY (30) DAYS AFTER SERVICE.

I. GEORGIA-SPECIFIC LEGAL FRAMEWORK

A. Georgia Right to Repair Act

The Act applies to a lawsuit, judicial action, or arbitration asserting a construction-defect claim concerning a covered dwelling or common area. A "dwelling" is a single-family house, duplex, or an individually owned residential unit in a condominium or cooperative system; the definition also includes specified appurtenant systems and improvements. The Act does not apply to a contractor who is not required to be licensed under Chapter 41 of Title 43, and a conflicting contract provision controls. O.C.G.A. Sections 8-2-36 and 8-2-43(c)-(d).

Under the Act:

• The claimant must serve written notice no later than 90 days before beginning a covered action and describe the defects and resulting harm in sufficient detail
• The claimant must provide discoverable evidence depicting the nature and cause of the defects, including available expert reports, photographs, and video
• Within 30 days after service, the contractor must either offer money, repairs, or both without inspection, or propose an inspection
• If inspection is proposed, the claimant has 30 days after receiving the proposal to provide prompt and reasonable access; the contractor must commence and diligently pursue the requested inspections within that period
• Within 14 days after completing inspection and testing, the contractor must serve its written response or settlement position
• If a claimant files without compliance, the court or arbitrator must stay the covered action on a party's application; personal-injury and death claims are not subject to that stay

See O.C.G.A. Sections 8-2-37 and 8-2-38(a)-(f). The Act creates no independent cause of action. O.C.G.A. Section 8-2-43(a).

B. Statute of Limitations

Georgia law provides the following limitations periods for construction defect claims:

These periods are claim- and fact-specific. Georgia generally does not apply a discovery rule to property-damage claims under Section 9-3-30. Corporation of Mercer University v. National Gypsum Co., 258 Ga. 365, 368 S.E.2d 732 (1988). Section 9-3-30(b) has a specific discovery rule for covered synthetic-exterior-siding claims. Fraudulent conduct that actually debars or deters suit may toll a limitations period until discovery of the fraud under O.C.G.A. Section 9-3-96. Counsel must calculate each deadline independently; serving this notice does not itself establish that any deadline is tolled.

C. Statute of Repose

O.C.G.A. Section 9-3-51(a) generally bars covered claims for construction, design, planning, surveying, or supervision deficiencies, and resulting injury to property or person, more than eight years after substantial completion. If the injury occurs during the seventh or eighth year, subsection (b) permits a tort action within two years after injury but never more than ten years after substantial completion. Subsection (c) excludes breach-of-contract claims, including express contractual-warranty claims, from Section 9-3-51. Other limitation periods still apply.

D. Construction and Written-Warranty Duties

Georgia implies in a building contract an obligation to perform in a fit and workmanlike manner, measured by the reasonable care, skill, and ability ordinarily used under similar conditions. Young v. Oak Leaf Builders, Inc., 277 Ga. App. 274, 626 S.E.2d 240 (2006).

In addition, O.C.G.A. Section 43-41-7 requires a licensed residential contractor and affiliated entities to offer a written warranty with each contract to construct, supervise, or manage construction of a single-family residence when the work value or contractor compensation exceeds $2,500. Georgia Rule 553-7-.01 supplies minimum warranty-content requirements. Review the actual contract, warranty, exclusions, notice terms, and any arbitration clause before asserting a warranty claim.

E. Contractor Licensing Requirements

Under O.C.G.A. Section 43-41-17(a), a person or business may not engage in residential contracting or commercial general contracting without the required current license or qualifying agent, subject to statutory exemptions. For covered owner-contractor agreements entered on or after July 1, 2008, subsection (b) makes the contract unenforceable by a contractor who lacked the required license at the statutory measuring date and denies that contractor a lien or bond claim. Verify individual and business licenses through the Georgia Secretary of State's GOALS Professional Licensee Search.

II. PROPERTY AND PROJECT INFORMATION

A. Property Description

B. Project Information

C. Parties Involved

General Contractor:

• Name: [NAME]
• License Number: [NUMBER]
• Address: [ADDRESS]
• Contact: [PHONE/EMAIL]

Subcontractors: (List all subcontractors whose work is believed defective)

III. DESCRIPTION OF DEFECTS

Pursuant to O.C.G.A. Section 8-2-38, the following is a detailed description of each claimed construction defect:

DEFECT #1: [TITLE - e.g., FOUNDATION CRACKING]

Location: [Specific location within the property]

Description: [Detailed description of the defect, including how it manifests, when it was discovered, and any progression]

Building Components Affected:
☐ Foundation/Slab ☐ Framing ☐ Roofing ☐ Exterior walls/Siding ☐ Windows/Doors
☐ Plumbing ☐ Electrical ☐ HVAC ☐ Insulation ☐ Drywall/Interior finishes
☐ Flooring ☐ Waterproofing ☐ Drainage ☐ Other: [SPECIFY]

Evidence Supporting Defect:
[Describe supporting evidence - expert reports, photographs, testing results, etc.]

Standards Violated:
☐ Georgia Building Code
☐ Manufacturer's Installation Instructions
☐ Industry Standards (IRC, IBC, ASTM)
☐ Contract Specifications
☐ Contractual fit-and-workmanlike performance duty
☐ Written contractor warranty, if applicable

Date First Observed: [DATE]

Estimated Cost to Repair: $[AMOUNT]

DEFECT #2: [TITLE]

[REPEAT FORMAT ABOVE FOR EACH DEFECT]

IV. SUMMARY OF DEFECTS AND DAMAGES

V. LEGAL BASIS FOR CLAIMS

A. Breach of Contract

You failed to perform construction in accordance with the contract terms, plans, specifications, and applicable building codes.

B. Breach of Express Warranty

You provided express warranties regarding quality and durability of construction which you have breached.

C. Breach of Construction-Contract Duty

To the extent applicable and not modified by enforceable contract terms, you failed to perform the building contract in a fit and workmanlike manner as described in Young v. Oak Leaf Builders, Inc., 277 Ga. App. 274, 626 S.E.2d 240 (2006).

D. Negligent Construction

To the extent the facts and Georgia's contract/tort rules permit, the identified work departed from applicable construction-industry standards and caused the listed property damage.

E. Violation of Building Codes

The construction violates the Georgia State Minimum Standard Codes and/or local building codes.

VI. STATUTORY NOTICE REQUIREMENTS

A. Your Rights Under the Georgia Right to Repair Act

Pursuant to O.C.G.A. Section 8-2-38, upon receipt of this notice, you have the right to:

1. Respond to Notice: Provide written response within 30 days of receiving this notice
2. Inspect the Property: Request an inspection within the 30-day response period
3. Post-Inspection Response: Serve the response required by Section 8-2-38(f) within 14 days after completing inspection and testing
4. Offer Settlement: Make a written offer of monetary compensation
5. Dispute Claims: Deny responsibility for the claimed defects in writing

B. Response Deadline

Your written response is due within THIRTY (30) DAYS of receipt of this notice.

Your response should include:

1. Whether you accept or dispute the claimed defects
2. Whether you wish to inspect the property
3. Your offer, if any, to repair or compensate
4. Any documentation supporting your position

C. Consequences of Non-Response

Failure to respond within the statutory period may result in:

• Claimant proceeding with the claims described in this notice after the applicable pre-action period, without further notice except as otherwise required by law
• The contractor being unable to argue that missing subsection (a) documents excused its failure to respond

See O.C.G.A. Section 8-2-38(c). This letter does not claim consequences beyond those provided by the statute or other applicable law.

VII. DEMAND FOR INSPECTION ACCESS

We hereby offer you the opportunity to inspect the property pursuant to the Georgia Right to Repair Act. To schedule an inspection:

1. Contact our office in writing within 30 days
2. Propose inspection dates during reasonable business hours
3. Identify all persons who will attend
4. Identify any experts who will participate

Contact Information:
[LAW FIRM NAME]
[ADDRESS]
[PHONE]
[EMAIL]

VIII. PRESERVATION OF EVIDENCE

You are hereby directed to preserve all documents and materials relating to the construction, including:

• All contracts and subcontracts
• Plans, specifications, and drawings
• Inspection reports and quality control records
• Correspondence with owner and subcontractors
• Photographs taken during construction
• Daily logs and progress reports
• Warranties from manufacturers
• Insurance policies and certificates

This preservation request is intended to avoid loss or alteration of potentially relevant evidence. The parties should obtain Georgia counsel's advice before destructive testing, repair, or disposal of relevant materials.

IX. SETTLEMENT DEMAND

To resolve this matter without litigation, we demand:

Option A - Repair by Contractor:

1. Complete repair of all identified defects within [NUMBER] days
2. All repairs warranted for minimum of [NUMBER] years
3. Payment of investigation and expert costs: $[AMOUNT]
4. Payment of attorney's fees incurred to date: $[AMOUNT]

Option B - Monetary Settlement:
Payment of $[AMOUNT] within 30 days.

X. CONCLUSION

Please respond in writing within 30 days of receipt of this notice as required by O.C.G.A. Section 8-2-38. If we do not receive a timely response, or if the parties cannot reach resolution within the 90-day notice period, our client will proceed with litigation.

Respectfully submitted,

[LAW FIRM NAME]

By: _________________________________
[ATTORNEY NAME]
Georgia State Bar No. [NUMBER]
[ADDRESS]
[CITY, STATE ZIP]
[TELEPHONE]
[EMAIL]

Attorneys for [OWNER NAME]

ENCLOSURES:
☐ Photographs of defects
☐ Expert report(s)
☐ Repair estimates
☐ Copy of construction contract
☐ Correspondence history

cc: [OWNER NAME]
[INSURANCE CARRIER]
Georgia State Licensing Board (if applicable)

GEORGIA-SPECIFIC PRACTICE NOTES

Right to Repair Act (O.C.G.A. Sections 8-2-35 et seq.):

• Covered claimant must serve notice at least 90 days before a lawsuit, judicial action, or arbitration
• Contractor has 30 days after service to make an offer without inspection or propose inspection
• Claimant has 30 days after an inspection proposal to provide prompt and reasonable access
• Contractor has 14 days after completing inspection and testing to serve its response
• On a party's application, noncompliance results in a stay until compliance; personal-injury and death claims are excluded from that statutory stay
• Act covers a single-family house, duplex, or individually owned condominium/cooperative unit and specified common areas; it does not use a blanket "one-to-four units" definition
• Act does not apply to a contractor not required to be licensed, creates no cause of action, and yields to a conflicting contract term

Construction and Written Warranties:

• Building contracts carry the fit-and-workmanlike performance obligation described in Young v. Oak Leaf Builders, Inc.
• Section 43-41-7 requires licensed residential contractors to offer a written warranty for covered single-family contracts exceeding $2,500; Rule 553-7-.01 governs minimum content
• Review privity, assignment, disclaimer, notice, arbitration, and the actual written warranty before asserting who may enforce it

Contractor Licensing:

• Contractors must be licensed under O.C.G.A. Section 43-41-1 et seq.
• Verify individual and business status through the Secretary of State's GOALS Professional Licensee Search
• Different license classes for residential vs. general contractors
• Statutory exemptions exist, including some specialty work; confirm whether licensure was required for this project

Accrual and Repose:

• Georgia generally rejects a discovery rule for property damage under Section 9-3-30; Corporation of Mercer University holds the opposite of the former draft's statement
• Section 9-3-96 may toll a limitations period when the defendant's fraud actually debarred or deterred the claimant from suing
• Section 9-3-51's eight-year construction repose excludes breach-of-contract and express contractual-warranty actions but contains a narrow extension for seventh/eighth-year injuries

This template is for informational purposes only and does not constitute legal advice. Consult a licensed Georgia attorney before use.