The Georgia Right to Repair Act sets out specific procedures homeowners must follow before filing a lawsuit over a construction defect in their home. Instead of going straight to court, you first have to serve written notice on the contractor and give them a chance to inspect the alleged defect and offer repairs or a settlement.
Important: This guide is for general information only and is not legal advice. Always speak with a qualified Georgia attorney about your specific situation.
The First Step: Written Notice of Claim
Before you file a lawsuit, the Act requires you to serve a written notice of claim on the contractor at least 90 days before starting legal action.
Key points about this initial notice:
- You must provide written notice that clearly states you are asserting a construction defect claim under Georgia’s Right to Repair.
- The notice must describe each alleged defect in reasonable detail, including the location, nature of the problem, and any visible damage.
- You should send the notice by certified mail or overnight delivery with return receipt requested to the contractor’s last known address, so there is proof it was served.
Supporting materials such as photos, inspection reports, or expert reports can be included to help explain the alleged defect and the remedy you are seeking.
Contractor Inspection and Prompt and Reasonable Access
After you serve written notice, the contractor has the right to inspect the alleged defects before you proceed to litigation.
Under the Act, you must provide prompt and reasonable access so the contractor and its subcontractors or experts can:
- Inspect the areas where you claim there is a construction defect.
- Perform necessary testing, including non‑destructive and, if needed, destructive testing, to determine the cause and extent of the problem and appropriate repairs.
If destructive testing is proposed, the contractor should conduct it in a reasonable manner and restore the area after testing. This inspection stage is part of the claim process and repair process that the law requires before legal action.
The Contractor’s Written Response and Settlement Offer
Once the contractor receives your notice of claim, the Georgia Right to Repair Act gives them a short deadline, generally 30 days, to respond in writing.
The contractor’s written response may:
- Accept the claim and offer to repair the defects.
- Reject the claim, with a written statement explaining the rejection.
- Make a settlement offer, which can include repairs, a monetary payment, or a combination of both.
If the contractor makes a written offer to settle the claim, the offer should describe in detail:
- The specific repairs proposed and how they will remedy the alleged defect.
- Any monetary amount offered, which might reflect the reasonable cost of repairs or fair market considerations.
You normally have about 30 days to accept or reject the contractor’s offer. If you reject it, you typically must give a written explanation of the reasons for rejection.
Supplemental Offers and Limits on Recovery
If you reject the initial settlement offer, the Act may allow the contractor to make a supplemental offer within a short period. After you respond to any supplemental offer, or if the contractor fails to respond at all, you may then move ahead with litigation once the 90‑day notice period has ended.
The Right to Repair Act also contains provisions that can affect recovery of certain litigation costs and attorneys’ fees:
- If the court later finds that you rejected a reasonable offer to settle, your ability to recover some fees and costs may be limited.
- This is one reason why evaluating each contractor’s offer with an attorney is important before deciding to accept or proceed to lawsuit.
The Act does not usually apply to claims for personal injury or wrongful death, but it does cover most property‑related construction defect claims for residential owners.
How the Right to Repair Act Fits into Construction Defect Law
The Georgia Right to Repair Act works alongside other Georgia construction laws to create a structured process for resolving defect claims. It does not take away a homeowner’s right to sue, but it establishes procedures that must be followed first. For more information about Georgia’s Right to Repair Act, you can visit the Georgia Attorney General’s Consumer Protection Division.
In summary:
- A homeowner who believes they have a construction defect must first provide written notice, allow inspection, and review any settlement offer made in good faith.
- The contractor must respond within the required time, inspect the defects, and make a reasonable effort to settle or explain why the claim is rejected.
- If these procedures are followed and the claim is not resolved, the homeowner can file a lawsuit, subject to normal statutes of limitation and repose.
Because failure to follow these procedures can delay or limit your claim, talking to a Georgia construction or real‑estate attorney early in the process is usually the safest approach.
About MoldStar Remediation
MoldStar Remediation is a mold inspection and remediation company serving homeowners and businesses in Marietta, East Cobb, and the greater Atlanta area. Many of the homes we inspect have problems that started with water intrusion, leaks, or building defects, and our role is to help document and remediate the resulting mold and moisture issues.
While MoldStar is not a law firm and does not represent you in court, our team can:
- Perform detailed inspections and provide reports and photos that you may share with your attorney or contractor.
- Help identify areas of moisture damage and mold growth that may be connected to a construction defect or maintenance failure.
- Provide professional mold remediation services so that once legal and construction issues are resolved, your home’s indoor environment is clean, dry, and healthy again.
If you suspect that a construction defect has led to water damage or mold in your home, a professional inspection alongside legal guidance can be a powerful combination. Construction defects often cause water intrusion that requires emergency water damage cleanup, particularly when foundation issues or poor basement waterproofing allow moisture penetration. Similarly, inadequate crawl space encapsulation during construction can lead to long-term moisture and mold problems.
Legal Disclaimer
This article is provided by MoldStar Remediation for informational purposes only and reflects a general understanding of Georgia’s Right to Repair Act based on publicly available sources, including the Georgia Attorney General’s Consumer Protection Division and the Official Code of Georgia. It is not legal advice, does not create an attorney–client relationship, and may not reflect the most current legal developments.
Construction defect and Right to Repair claims are fact‑specific, and the outcome can depend on strict timelines and procedures. For advice about your rights and obligations under Georgia’s Right to Repair Act or any construction‑related claim, you should consult a licensed Georgia attorney experienced in construction or real‑estate law.
