If a claimant files an action without first complying with the requirements of this part, on application by a party to the action, the court or arbitrator shall stay the action until the claimant has complied with the requirements of this part. To the extent that the action includes a cause of action for damages due to personal injury or death, such cause of action shall not be subject to stay pursuant to this Code section.

(Code 1981, §8-2-37, enacted by Ga. L. 2004, p. 500, § 1; Ga. L. 2006, p. 548, § 1/SB 573.)

JUDICIAL DECISIONS

Buyers' remedial repair efforts did not entitle sellers to summary judgment.

- Trial court erred in determining that the buyers' remedial repair efforts entitled the sellers to summary judgment under the Repair Act, O.C.G.A. § 8-2-36 et seq., in the buyers' action to recover for alleged construction defects in their home because the trial court followed the statutory procedure by staying the action to allow the parties an opportunity to resolve their differences outside of litigation. and when that process proved unsuccessful, the litigation proceeded; thus, the purpose of the Repair Act was served, and while the buyers' repairs to their home before the sellers were afforded an opportunity to resolve the dispute could create a jury issue as to any potential damages, that action did not authorize the grant of summary judgment in the sellers' favor. Lumsden v. Williams, 307 Ga. App. 163, 704 S.E.2d 458 (2010).

Stay of proceedings.

- Trial court did not err in denying a contractor's motion to set aside a default judgment on the ground that a homeowner failed to give written notice of the homeowner's claims before filing a lawsuit, which the contractor argued was required under O.C.G.A. § 8-2-38(a), because the contractor did not ask for a stay, so the contractor was not entitled to one; the statutory remedy for a failure of the plaintiff to give notice of his or her claims pursuant to O.C.G.A. § 8-2-38(a) is a stay of the proceedings, but a defendant is entitled to such a stay only if the defendant asks for the stay. Merry v. Robinson, 313 Ga. App. 321, 721 S.E.2d 567 (2011).

Syfert Injury Law Firm

2018 Georgia Code 8-2-37 | Car Wreck Lawyer

TITLE 8 BUILDINGS AND HOUSING

Section 2. Standards and Requirements for Construction, Alteration, Etc., of Buildings and Other Structures, 8-2-1 through 8-2-222.

ARTICLE 1 BUILDINGS GENERALLY

8-2-37. Required compliance with this part.

JUDICIAL DECISIONS

Buyers' remedial repair efforts did not entitle sellers to summary judgment.

Stay of proceedings.

Cases Citing Georgia Code 8-2-37 From Courtlistener.com

Funvestment Group, LLC v. Crittenden