Construction defect issues are often more complicated than they first appear. Some problems are obvious right away, while others do not show up until months or years after a project is completed. By then, the key questions are usually the same: what counts as a defect, who may be responsible, and how much time is left to act.
What Counts as a Construction Defect?
A construction defect usually involves a problem in the design, materials, or workmanship that leaves part of a project performing below the standard it was supposed to meet. That can include water intrusion, structural issues, code-related problems, or failures in building systems.
Timing Matters
In Georgia, construction defect claims can be subject to strict deadlines. One important deadline is the statute of repose for claims arising out of deficiencies in planning, design, supervision, or construction of an improvement to real property, measured from substantial completion. Georgia law also makes clear that this outside deadline does not replace any shorter limitations period that may apply to the specific claim.
If the issue involves a residence, Georgia’s Right to Repair Act may also require written notice before a lawsuit is filed.
What Contractors Should Keep In Mind
For contractors, defect claims often turn on documentation. Contracts, change orders, inspection records, photos, daily logs, and written communications can all matter. Good records do not prevent every dispute, but they can make a major difference when one comes up later.
What Owners Should Keep In Mind
For owners, waiting can make a difficult situation harder. A problem that seems manageable today may look very different once deadlines are approaching or repair costs increase. It is also common for more than one party to be involved, depending on the contract, the scope of work, and the facts of the project.
How We Can Help
At Burkhalter Law, we help clients evaluate construction defect issues, review the contract and project record, and respond strategically before the situation becomes more difficult to resolve. When needed, we also handle construction defect disputes in arbitration and litigation.
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