The Right to Repair Act: Part 3 Summary of the law

march 1, 2018

Contractor’s decision not to repair or pay: If the contractor provides a statement to the claimant that it will not proceed with the work, the claimant may bring legal action without further notice, except as may be otherwise required by applicable law. O.C.G.A. § 8-2-38 (h).

Claimant’s reject of Contractor’s offer to repair: The claimant shall provide written notice of their rejection to the contractor, which includes all reasons for the rejection. The contractor may make a supplement offer of repair or payment if the initial proposal is rejected. If the claimant rejects a reasonable offer, including supplemental offer, or does not allow the contractor to make the repairs, the claimant may not recover an amount in excess of: 1) the fair market value of the offer of settlement or the actual cost of repairs; or 2) the amount of the monetary offer of settlement. The trier of fact determines the reasonableness of the offer of settlement.  If the claimant rejects a reasonable offer, they cannot recover costs or attorney’s fees. O.C.G.A. § 8-2-38 (l).

Suit can be filed with imminent running of statute of limitations: If during the notice and negotiation period described above, a statute of limitations period will expire, the claimant may file suit but the action shall be immediately stayed until completion of the notice claim process. O.C.G.A. § 8-2-38 (o).

Notice of claim process can be altered by mutual agreement: Claimant and contractor can agree to any alternative notice of claim process they prefer. After the sending of the initial notice letter by the claimant, the claimant and contractor may agree to alter the procedure for the notice of claim process. O.C.G.A. § 8-2-38 (p).