This form provides boilerplate contract clauses that disclaim or limit warranties under the contract. Several different language options are included to suit individual needs and circumstances.
Georgia Warranty Provisions
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FAQ
Code § 11-2A-212. Section 11-2A-212 - Implied warranty of merchantability (1) Except in a finance lease, a warranty that the goods will be merchantable is implied in a lease contract if the lessor is a merchant with respect to goods of that kind.
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.
Under Georgia's Uniform Commercial Code, O.C.G.A. § 11-2-314(1), a warranty that the goods shall be merchantable is implied in a contract for the goods' sale if the seller is a merchant with respect to goods of that kind. That warranty protects consumers from defects or conditions existing at the time of sale.
Workmanship, Materials and Mechanical Systems are covered for 1 year. Structural Coverage on Designated Structural Elements is provided for 8 years. Pricing based on low flat rates per home. Builder liability in the Georgia CSW program is limited to 1 year only.
Under Georgia law, home builders must provide a written warranty to the buyer before starting work on any job valued at over $2,500. (Georgia Code §43-41-7.) The warranty provided by the builder for the new home must, by law: be in writing.
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.
It covers the foundation systems, concrete or strip footings, load-bearing brickwork, structural timbers and steel in-wall, or roof framing.
