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. This letter constitutes formal notice of construction defects pursuant to the Georgia Right to Repair Act, O.C.G.A. Sections 8-2-35 through 8-2-42, and serves as the required pre-litigation notice providing you with the statutory opportunity to inspect, offer to repair, and/or settle this claim before litigation is commenced.

THIS IS A STATUTORY NOTICE REQUIRED UNDER GEORGIA LAW. YOUR TIMELY RESPONSE IS REQUIRED WITHIN NINETY (90) DAYS.

I. GEORGIA-SPECIFIC LEGAL FRAMEWORK

A. Georgia Right to Repair Act

This notice is provided pursuant to O.C.G.A. Sections 8-2-35 et seq., Georgia's Right to Repair Act, which establishes mandatory pre-litigation procedures for residential construction defect claims.

Under the Act:
- The claimant must provide written notice of claimed defects at least 90 days before filing suit
- The notice must describe each alleged construction defect in reasonable detail
- The contractor has 30 days to respond and request an inspection
- The contractor has 14 days after inspection to offer repair, settlement, or dispute the claim
- Failure to comply with the notice requirements may bar or limit the action

B. Statute of Limitations

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

C. Statute of Repose

O.C.G.A. Section 9-3-51 establishes an eight (8) year statute of repose for actions against architects, engineers, and contractors, running from substantial completion of the improvement.

D. Implied Warranties in Georgia

Georgia recognizes the following implied warranties in residential construction:

1. Implied Warranty of Habitability: Builders impliedly warrant that new homes are suitable for habitation. Couey v. Atkins, 357 S.E.2d 585 (Ga. Ct. App. 1987).

2. Implied Warranty of Workmanlike Construction: Construction must be performed in a workmanlike manner consistent with the prevailing standards of the industry. Stuart Enterprises International, Inc. v. Peykan, Inc., 555 S.E.2d 881 (Ga. Ct. App. 2001).

3. Implied Warranty of Proper Materials: Builders impliedly warrant proper materials will be used. Colbert County Building Supply, Inc. v. Benson, 584 S.E.2d 689 (Ga. Ct. App. 2003).

E. Contractor Licensing Requirements

Under O.C.G.A. Section 43-41-1 et seq. (Residential and General Contractors Act), contractors must be licensed by the Georgia State Licensing Board for Residential and General Contractors. Unlicensed contractors may be subject to penalties and limited in their ability to enforce contracts.

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
[ ] Implied Warranty of Workmanship
[ ] Implied Warranty of Habitability

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 Implied Warranty of Habitability

Under Georgia law, builders impliedly warrant that new homes are suitable for habitation. Couey v. Atkins, 357 S.E.2d 585 (Ga. Ct. App. 1987).

D. Breach of Implied Warranty of Workmanlike Construction

Under Georgia law, construction must be performed in a workmanlike manner. Stuart Enterprises International, Inc. v. Peykan, Inc., 555 S.E.2d 881 (Ga. Ct. App. 2001).

E. Negligence

You owed a duty of care to perform construction in accordance with the applicable standard of care and breached that duty.

F. 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. Offer to Repair: Make a written offer to repair some or all defects within 14 days after inspection
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:
- Owner proceeding directly to litigation after 90-day waiting period
- Waiver of your right to inspect and repair
- Potential adverse inference at trial

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

Spoliation Warning: Failure to preserve evidence may result in adverse inference instructions and sanctions.

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.):
- 90-day pre-suit notice required for residential construction
- Contractor has 30 days to respond and request inspection
- Contractor has 14 days after inspection to make written offer
- Failure to follow procedure may limit or bar claims
- Act applies to residential properties of 1-4 units

Implied Warranties:
- Warranty of habitability recognized for new residential construction
- Extends to subsequent purchasers under certain conditions
- Colbert County Building Supply, Inc. v. Benson, 584 S.E.2d 689 (Ga. Ct. App. 2003)

Contractor Licensing:
- Contractors must be licensed under O.C.G.A. Section 43-41-1 et seq.
- Verify license status with Georgia State Licensing Board
- Different license classes for residential vs. general contractors

Economic Loss Doctrine:
- Georgia applies the economic loss doctrine
- Tort claims may be limited when only economic damages involved
- City of Atlanta v. Benator, 714 S.E.2d 109 (Ga. Ct. App. 2011)

Discovery Rule:
- Statute of limitations may be tolled until defect discovered or should have been discovered
- Corporation of Mercer University v. National Gypsum Co., 258 Ga. 365 (1988)

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