Home Defects & Construction Arbitration
Atlanta Attorneys Representing Homeowners in Construction Defect Cases
The Atlanta construction litigation & dispute lawyers at our law firm have considerable experience in real estate litigation and arbitration of construction defect cases. We can help you pursue the justice you deserve from a negligent contractor or builder. Many Georgia construction contracts contain a clause requiring Georgia arbitration of home defect claims. Oftentimes, homeowners are frustrated because they can't even find the construction company or builder responsible for the defective materials, shoddy workmanship, or other construction-related problems they have experienced.
Our Atlanta Home Defect and Construction Lawyers are here to help. Purchasing a new home or having a construction company build a custom home is often a stressful experience. But you put up with the challenges to realize your dreams of owning your perfect home. Did your dream become a nightmare when you discovered a construction defect or other problem in your house? The Adams Law Offices in Atlanta may be able to help you recover the financial losses you have experienced because of construction defects in your home.
Why Do You Need a Construction Litigation Lawyer to Handle Your Home Construction Defect Case?
This is an important question. Problems with your contractor or subcontractors oftentimes get worse and lead to delay, poor workmanship and construction, and unfinished projects. As such, working with a construction litigation lawyer likely will save you money in the long term.
Failure to disclose any existing problems, including those you believe have been adequately repaired, could likely lead to litigation against you. When selling a home, you have a duty to disclose prior or existing defects and repairs made to these defects. Moreover, failure to make repairs or not having substantiated evidence of adequate repairs, will likely lead to diminution in the value of your home for resale and financing. The alternative is to pay for repairs out of your own pocket and these repairs can cost you many thousands of dollars. What is more, there is little guarantee your home will be restored to the market value of the home you purchased and contracted for. This is especially true given the current real estate market conditions.
Working with a skilled construction law attorney can increase the likelihood that you will be compensated to repair your home properly. Our experienced construction and home defect attorneys can assist you in recovering damages from the contractor, builder and/or subcontractors. The Atlanta construction arbitration lawyers and home defect attorneys at THE ADAMS LAW OFFICES have represented countless homeowners, property owners, contractors, subcontractors and builders in cases involving:
- Construction Disputes
- Home Defects
- Building Defects
- Contract Disputes
- Toxic Mold
- Construction Damage
- Roof Leaks
- Asphalt
- Rotting Wood
- Noise Intrusion
The Arbitration Process in Home Defect and Real Estate Disputes
You should know that in many ways taking your complaint to arbitration is very much like taking your complaint to the civil court. If your case goes to an arbitration hearing, it will be held before an arbitrator who will hear from both sides, review evidence presented, listen to the testimony of witnesses and experts, and award damages. The main difference between going to arbitration and going to a civil court is the fact that arbitration is final — you cannot appeal the arbitrator's decision.
The attorney will gather the information necessary to prepare a letter to the builder or contractor explaining the problems that you have encountered with the home and any problem you have had trying to contact them, trying to have them respond to your complaints and trying to get them to resolve your concerns.
Following receipt of the letter, the builder or contractor has 30 days to respond in writing. In the builder or contractor's response, if he proposes to make the requested repairs, he must:
- State that there will be no cost to the homeowners
- Give a description of any repair work or construction necessary to remedy the defects, and
- Give a timetable of when the work is to be begun and completed.
If the builder or contractor offers to fix the problem, then you must allow him to try to do so, unless you have good reason to believe that he cannot do so and that you stand to be damaged even further. If you decide not to allow the builder or contractor to make the proposed repairs, or if he does not respond to the letter of intent to make a claim, then a demand for arbitration should be prepared and filed with an arbitration service.
Our attorneys can assist you with every stage of the arbitration process:
- Preparation of the initial demand letter
- Securing expert witnesses who can identify and testify to your property damages
- Securing a real estate evaluator who can testify to the effects of the defect or construction problems on your property value
- Preparation of the demand for arbitration
- Filing your complaint with the appropriate arbitration service
- Conduct pre-arbitration discovery
- Diligent Representation at the arbitration hearing
- Subpoena witnesses, elicit testimony, put forth evidence and establish your case
If the terms of your construction contract call for arbitration, both parties must cooperate in order to proceed with the arbitration process. If the builder or contractor is not willing to comply with the steps necessary to proceed with arbitration, or if you filed a complaint with an arbitration service and the builder or contractor is not cooperative, we can then file your case in civil court.
Contact Us to Discuss Possible Remedies for Defective Building Materials, Shoddy Construction and Home Defects
If you have questions about arbitrating a home defect case in Georgia, contact a construction arbitration lawyer at The Adams Law Offices in Atlanta.
Atlanta Business Lawyer Blog - Home Defects & Construction Arbitration
- ATLANTA, GEORGIA, CONSTRUCTION, ARBITRATION, AND HOME DEFECT LAWYER GIVES ADVICE: WHAT IS THE BEST WAY TO FIND OUT IF YOUR NEW HOME HAS CONSTRUCTION DEFECTS? As an Atlanta, Georgia construction defect litigation lawyer, I place most construction defects into four (4) legally distinct groups: Design Defects: ....
- FIND THE BEST ATLANTA BUSINESS AND CONSTRUCTION ATTORNEYS TO ADVISE YOU ON CONSTRUCTION COMPANIES, BUILDERS, SUB-CONTRACTORS AND THEIR LIABILITY FOR REAL ESTATE AND CONSTRUCTION CLAIMS As an Atlanta construction litigation and arbitration attorney, the initial question I have in any new case is, who is potentially liable for the ....
- ARBITRATION PROVISIONS ARE BINDING IN GEORGIA NEW CONSTRUCTION CONTRACTS – AND, MOREOVER, LIKELY YOUR SOLE REMEDY UNDER GEORGIA REAL ESTATE LAW As an Atlanta construction arbitration and home defect lawyer, I feel any person, family or business involved in the residential home building ....
