There are a number of legal issues that can arise during home construction. For example, the home may become damaged because of a contractor mistake. Or, there may be a dispute between a property owner and a contractor regarding the legality of a contract. Another potential legal issue is when a homeowner accuses a contractor of making incorrect improvements on a home that subsequently leads to property damage.

DO I NEED AN ATTORNEY TO HANDLE MY HOME CONSTRUCTION DISPUTE?

This is an important question. The short answer is that working with a construction defect attorney may cost money in the short term, in the long term, retaining an attorney may save money.

Since you will be required to disclose any problems and repairs to any future buyers-- a construction defect can significantly affect your home's future marketability. Not making the repairs will likely diminish the market value of your home, but the alternative of making the repairs yourself can cost tens of thousands, if not hundreds of thousands of dollars.

Working with a skilled construction law attorney can increase the chances that you will recover the damages needed to make necessary repairs or compensate you for the decreased value of your real estate investment. An attorney experienced in the the arbitration of home defect cases may be able to recover damages from the builder or construction company that you may be unaware of, including attorney fees and costs associated with the arbitration. The Atlanta home defect dispute attorneys at THE ADAMS LAW OFFICES have represented hundreds of contractors and property owners including in cases involving:

• Construction Disputes
• Home Defects
• Building Defects
• Contract Disputes
• Toxic Mold
• Construction Damage
• Roof Leaks
• Asphalt
• Rotting Wood
• Noise Intrusion

LITIGATION/ARBITRATION

Homeowners and home buyers who discover construction problems and building defects in their home are often surprised when they realize that most construction contracts in the state of Georgia contain an arbitration clause requiring conflicts to be resolved through arbitration, not through civil litigation. If the terms of the construction contract call for arbitration, both parties must cooperate in order to proceed with the arbitration process. But, if the builder or contractor is not willing to comply with the steps necessary to proceed with arbitration, or a complaint is filed with an arbitration service and the builder or contractor is not cooperative, then a plaintiff can file a suit in civil court.

In many ways, taking your complaint to arbitration is very much like filing a complaint in civil court. But instead of a traditional trial, if a 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. But 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.

You may have no choice about arbitration, but you do have the choice to be represented by an attorney who is familiar with the arbitration process and skilled at maximizing damages in construction defect cases. At THE ADAMS LAW OFFICES, our real estate attorneys help homeowners who have suffered financial losses due to construction defects. We will work hard to protect your interests, make sure that all of the requirements under the Arbitration Code are followed, and properly prepare your complaint. From the filing of the required Notice of Intent through the construction arbitration hearing, you can count on us to do everything we can to obtain maximum compensation for your losses. Contact our Atlanta law firm to schedule a consultation to discuss your home defect claim.