Law On Construction 2014 In Georgia
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Construction Law and the 'Right to Cure' Statute of Limitations California 4 years for contracts 2 years for personal injury 3 years for property damage Colorado 3 years for contracts 2 years for torts Connecticut 6 years for contracts 3 years for torts 2 years for negligence Delaware 3 years for contracts 2 years for torts47 more rows
In Georgia, any claim for breach of contract must be brought within six years of the discovery of the defect under OCGA §9-3-24. Also, any claim for negligent construction or fraud must be brought within four years from the time the claim arises under OCGA §9-3-30.
The Georgia Code § 1-3-1 codifies the following rules on statutory construction: (a) In all interpretations of statutes, the courts shall look diligently for the intention of the General Assembly, keeping in view at all times the old law, the evil, and the remedy. Grammatical errors shall not vitiate a law.
Generally speaking, construction defect claims are subject to a four-year statute of limitation in Georgia. That means that in most cases a plaintiff must file a lawsuit for such claims within four years from the date that the claims could have first been pursued, which is generally the date of substantial completion.
In Georgia, you have the ability to sue for property damage within 4 years of the damage, regardless of whether it is personal or commercial property. The person who owned the property is the only one who is allowed to bring it to court. Property damage of a car has a statute of limitations of 4 years as well.
You'll see that the law says that before you (the homeowner) can initiate a lawsuit against the builder for a new-home defect, you must first send written notice to the builder regarding your claim. The notice must: be sent at least 90 days before initiating a lawsuit.
Step 1: Record a Claim of Lien (COL) within 90 days from the date of last work or delivery of materials and send a copy to the general contractor and owner. Step 2: File a lawsuit and Notice of Lawsuit within 365 days from the date of the filing for record of the claim of lien.
