O.C.G.A.
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
The legislature finds, declares, and determines that Georgia needs an alternative method to resolve legitimate construction disputes that would reduce the need for litigation while adequately protecting the rights of homeowners. The legislature declares that an effective alternative dispute resolution mechanism in certain construction defect matters should involve the claimant filing a notice of claim with the contractor that the claimant asserts is responsible for the defect and providing the contractor with the opportunity to resolve the claim without litigation.
History
Code 1981, § 8-2-35, enacted by Ga. L. 2004, p. 500, § 1; Ga. L. 2006, p. 548, § 1/SB 573.
Annotations
Law reviews. For article, “Georgia Condominium
Law: Beyond the Condominium Act,” see 13 Ga. St. B.J. 24 (2007). For survey article on construction law, see 59 Mercer L. Rev. 55 (2007). For article, “Construction Law,” see 63 Mercer L. Rev. 107 (2011).
RESEARCH REFERENCES ALR. Equitable Tolling Under Doctrine, 90 A.L.R.7th 5.
Repair
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 2010–2024 · leading case:
Lumsden v. Williams, 704 S.E.2d 458 (Ga. Ct. App. 2010).
Lumsden v. Williams, 704 S.E.2d 458 (Ga. Ct. App. 2010).
· cites it 4× “See OCGA § 8-2-35 et seq. (the “Repair Act”).”
Builders Ins. v. Tenenbaum, 757 S.E.2d 669 (Ga. Ct. App. 2014).
· cites it 4× “The General Assembly passed OCGA §§ 8-2-35 through 8-2-43 in 2004, based on its finding that “Georgia needs an alternative method to resolve legitimate construction disputes that would reduce the need for litigation while adequately protecting the rights of homeowners.” OCGA §…”
Jai Ganesh Lodging, Inc. v. David M. Smith, Inc., 760 S.E.2d 718 (Ga. Ct. App. 2014).
· cites it 2× “(d) We find no merit in DMS’ assertion that appellants’ negligent construction claim is barred by a failure to give a notice of a claim under the law governing certain construction defect claims, OCGA § 8-2-35 et seq. By its express terms, these Code provisions apply only to a…”
Builders Ins. v. Sheldon U. Tenenbaum (Ga. Ct. App. 2014).
· cites it 4× “On July 14, 2006, an attorney representing Tenenbaum wrote a letter to Stephen Hall, Hallmark’s registered agent, “pursuant to OCGA § 8-2-38[4] 4 The General Assembly passed OCGA § 8-2-35 through 8-2-43 in 2004, based on its finding that “Georgia needs an alternative method to…”
Bellagio Pools, LLC v. Jesus Marino (Ga. Ct. App. 2024).
· cites it 2× “The trial court stayed proceedings so that the parties could pursue resolution under Georgia’s Right to Repair Act, OCGA §§ 8-2-35 et seq., and Bellagio Pools offered to make five specific repairs to the pool, including fixing a gas leak.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.