Construction Defect Claims

Construction Defect Claims: Ensuring Quality and Compensation

Discovering construction defects in newly built or renovated property is a serious issue that directly affects the value and safety of the real estate. Construction Defect Claims are a legal mechanism allowing an owner to demand rectification of substandard work or compensation for damages. Defects can be patent (e.g., cracked walls, poor finishing) or latent (e.g., foundation issues, waterproofing failures), which appear over time.

In Georgia, liability for construction quality is strictly defined, but successfully satisfying a claim requires timely reaction and gathering solid evidence. Often, developers or contractors try to avoid responsibility by claiming warranty periods have expired or citing violations of usage rules. Legal.ge offers access to lawyers who will help you document defects, appoint expertise, and hold the builder accountable.

What Does Construction Defect Claims Service Cover?

Specialists on Legal.ge offer full legal assistance:

• Defect Identification and Documentation: Recording patent and latent defects, preparing photo/video materials, and reviewing acceptance acts.
• Obtaining Expert Opinion: Engaging the Levan Samkharauli National Forensics Bureau or licensed private auditors to determine the causes of defects and the amount of damage.
• Warranty Claims: Submitting an official demand to the developer within the warranty periods provided by contract or law.
• Negotiation: Communicating with the builder for voluntary rectification of defects or monetary compensation.
• Litigation: Preparing a lawsuit and representing you in court if the builder refuses to fulfill obligations.
• Third-Party Damages: Determining liability if construction defects caused damage to third parties (e.g., neighbors).

Common Scenarios and Real-World Examples

Disputes related to construction defects often concern:

• Water Leakage: Water coming from the roof or pipes, damaging renovation and furniture. This is often a latent defect revealed later.
• Structural Cracks: Cracks in walls due to improper building settlement or poor-quality concrete.
• Sound Insulation: Wall thickness between apartments does not meet standards, violating residents' rights.
• Substandard Materials: The contractor used cheap and low-quality materials instead of the agreed expensive ones.

Georgian Legal Framework

Liability for construction defects is regulated by the Civil Code of Georgia. Article 642 establishes that the contractor (builder) is obliged to perform work without defects that reduce its value or fitness for use. If the work has a defect, the client can demand rectification, price reduction, or damages.

Important Statutes of Limitation: For structures, a claim for defects can be filed within 5 years from acceptance of work (Article 646), unless otherwise provided by contract. For intentionally concealed latent defects, periods may be extended.

Step-by-Step Service Process

Working with a lawyer on Legal.ge includes:

1. Initial Consultation: Assessing the problem and analyzing documentation (contract, acts).
2. Evidence Gathering: Appointing expertise and fixing factual circumstances.
3. Sending a Claim: Giving the builder a reasonable deadline to fix the defect.
4. Court Proceedings: Filing a lawsuit and managing the process until compensation is received.

Why Choose Legal.ge?

Construction defects require technical and legal knowledge. Acting alone, owners often fail to legally substantiate the cause of the defect. Legal.ge gives you access to experts who know how to force an unscrupulous builder to fulfill their obligations and compensate for damages. Protect your property with professionals.