Carson Law Blog

Construction Law and Personal Injury

Carson Law Blog

The Right to Repair Act: Part 2 Summary of the Law

Access for inspection requested by the contractor: If the contractor requests an inspection, the claimant shall provide access to the site within 30 days of receiving the contractor’s request. The contractor shall have reasonable access to inspect and document any alleged construction defects and perform any nondestructive testing required to evaluate the nature and extent of

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The Right to Repair Act: Part 1 Summary of the law

The Resolution of Construction Defects Act, O.C.G.A. § 8-2-35, et seq, otherwise known as the Right to Repair Act, was enacted in 2004 to provide a legal mechanism for homeowners to resolve construction defect claim against contractors. Written notice required by claimant/dwelling owner 90 days before suit: The Right to Repair Act requires that the

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Drafting an effective contract: A road map for the parties….

Drafting an effective contract means 1) drafting an enforceable contract; 2) drafting a contract that is specific as to the work to be completed (scope of work);  3) drafting a contract that sets forth the specific amount of money to be paid, as well as when funds are due based on a certain percentage of

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Liquidated Damages: What are they, how are they used and are they enforceable?

Liquidated damages is a specific sum of money agreed to by the parties to a contract as the amount of damages to be recovered in the event of a breach of the contract. A liquidated provision in a contract will be held enforceable if 1) the injury caused by the breach is difficult or impossible to

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Contractor’s claim against the owner, what are your damages?

Damages recoverable from a breach of contract are those damages which arise naturally and in the usual course of things from the breach of contract. O.C.G.A. § 13-6-2 The damages must be foreseeable by the parties at the time the contract was made as a probably result of the breach. O.C.G.A. § 13-6-2 Generally, a contractor’s measure of

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Collection Targets other than the lien foreclosure property

If you are traveling down the lien foreclosure road, you will have obtained a judgment against the party with whom you contracted, whether that is a contractor one tier up or the owner. Either way, that judgment is a personal judgment against the person or entity and allows for collection efforts directly against the person or

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Lien filing, perfection and foreclosure…what’s the real point?

Let’s say you have jumped through all of the lien hoops: filing the lien, filing and winning the suit against the contractor to perfect lien and filing and winning the foreclosure suit on the lien so that you have a judgment against the owner and a lien on their property. Let’s also say that you’ve

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Contractor Licensing Issues Part 2

What if you are working as a contractor on a residential project and part of the job (for example, concrete work, drywall, rough framing) doesn’t require a contractor’s license under O.C.G.A. § 43-41-17 but other parts of the job (for example, plumbing, electrical, hvac) do require a license. If you don’t have a residential light contractor’s

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Licensing Issues and Contract Enforceability

Under Georgia law, if a contractor is not licensed for the type or scope of project contracted for, they cannot recover under the contract, either in law (breach of contract) or in equity (quantum meruit). In this regard, O.C.G.A. § 43-41-17(b) provides in part: As a matter of public policy, any contract entered into on or

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Payment Bond Claims on Public Works Projects

As an alternative to materialman lien claims, which are not allowed on public works projects, Georgia law requires general contractors to obtain a payment bond on any public works project worth more than $100,000.00. The State, county, municipal corporation or any public board can actually require a payment bond on projects worth less than $100,000. The amount of

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