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Construction Defect Claims

What counts as a "construction defect"?

It can be poor workmanship (crooked walls), use of substandard materials, or design flaws that violate building codes or the contract specifications.

How long do I have to sue for defects?

Under Georgian Civil Code, you generally have 5 years from the acceptance of the building to claim defects, unless the contract specifies a different warranty period.

Can I withhold payment if there are defects?

Yes, usually you can withhold a portion of the payment until defects are fixed, provided this right is stipulated in the contract or derived from law (retention).

Who pays for the expert assessment?

Initially, you pay for the expert report to prove the defect. If you win in court, these costs can typically be recovered from the contractor.

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Construction Defect Claims: Ensuring Quality and Compensation

Cracked walls in a new apartment, a leaking roof, poor plumbing, or foundation issues — this is a reality that, unfortunately, many owners and investors face in Georgia. Construction defects not only reduce the property's value but also pose a threat to human life and health. Georgian legislation protects the client from substandard work, but holding parties liable for defects is a complex legal process requiring technical expertise and strict adherence to deadlines.

Construction Defect Claims involve the developer's or contractor's obligation to rectify the defect at their own expense or compensate for the damage caused. Often, developers avoid responsibility, claiming the warranty period has expired or the defect was caused by improper use. Legal.ge offers access to lawyers who will help you document defects, appoint expertise, and obtain compensation through court or out-of-court settlements.

What Does Construction Defect Service Cover?

Specialists on Legal.ge assist with the following:

  • Defect Identification: Distinguishing between latent (hidden) and patent (obvious) defects. Patent defects are visible upon handover, while latent defects may appear years later.
  • Expert Assessment: Engaging the Levan Samkharauli National Forensics Bureau or private auditors to determine the cause of the defect and repair costs.
  • Warranty Management: Determining if the statutory or contractual warranty period is still valid.
  • Filing Claims: Preparing an official letter to the developer demanding defect rectification or refund.
  • Litigation: Claiming damages (including harm to third parties) in court.
  • Contract Termination: A radical measure if the defect is so substantial that the building cannot be used.

Common Scenarios and Real-World Examples

Disputes related to defects are common:

  • New Residential Buildings: Apartment owners discover water leaking through windows or elevators constantly breaking down. This is the builder's responsibility.
  • Private House Construction: The contractor improperly installed the drainage system, causing foundation settlement. The owner can claim major repair costs.
  • Commercial Spaces: The ventilation system in a mall does not work according to standards, causing tenants to leave. The owner demands system replacement and lost profits.

Georgian Legal Framework

Liability for defects is regulated by the Civil Code:

Article 642 obliges the contractor (builder) to perform work flawlessly. A defect can be material (quality) or legal.

Limitation Periods: The limitation period for claims regarding defects in buildings is 5 years from acceptance of the work (Article 646), unless otherwise provided by contract. However, in cases of intentionally concealed defects, periods are extended.

Client Rights: Upon discovering a defect, the client can demand: a) rectification; b) price reduction; c) contract termination and damages (if the defect is substantial).

Step-by-Step Service Process

Working with a lawyer on Legal.ge includes:

  1. Situation Assessment: Analyzing the contract and acceptance act.
  2. Evidence Collection: Photo/video material and expert conclusion.
  3. Negotiation: Communicating with the builder for voluntary rectification.
  4. Lawsuit: Applying to court to claim repair costs.

Why Choose Legal.ge?

Builders often try to avoid liability by manipulating technical details. Legal.ge gives you access to lawyers who understand technical expertise and know how to force the contractor to fulfill their obligations. Do not settle for substandard construction — protect your investment today.

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