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Construction Defect Claims

Can an HOA sue a developer?

Yes, Homeowners Associations have the standing to sue for defects in common areas (roof, lobby, facade).

How much does a lawsuit cost?

Court fees are 3% of the dispute value (max 5000 GEL), plus lawyer and expert fees. The losing party may be ordered to reimburse these costs.

How long does the trial take?

Construction disputes are complex; the first instance can take 1-2 years, especially if forensic expertise is required.

Can I claim moral damages?

Moral damages are rarely awarded in property disputes unless the defect caused physical injury or health issues.

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3 min

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Construction Defect Claims: Legal Battle for Quality

A Construction Defect Claim is a form of litigation initiated by owners, homeowners associations (HOAs), or commercial property owners against a builder. Unlike a simple warranty claim, a lawsuit involves a large-scale dispute where damages are significant, and the builder refuses to accept liability. Such disputes often involve fundamental structural violations, massive waterproofing issues, or gross violations of safety norms that make the building unusable.

To succeed in court, it is necessary not only to prove the existence of the defect but also to establish the legal link between its causes (design error, poor quality material, violation of execution rules) and the contractor's actions. Legal.ge offers litigation specialists who will ensure the protection of your interests in court, prepare a comprehensive lawsuit, and involve necessary experts in the case.

What Does Construction Defect Lawsuit Service Cover?

Lawyers on our platform offer:

  • Lawsuit Preparation: Drafting a legally sound claim detailing defects, violated norms, and the amount of compensation claimed.
  • Securing Evidence: Filing motions in court to secure evidence (e.g., requesting documents, on-site inspection).
  • Engineering-Technical Expertise: Appointing forensic expertise, which is crucial for determining the cost and cause of the defect.
  • Damage Calculation: Claiming not only direct damages (repair costs) but also indirect damages (e.g., rent during repairs, diminution in value).
  • Enforcement: Enforced collection of funds or obligation for the builder to perform work after obtaining a court decision.

Common Scenarios and Real-World Examples

Court disputes often concern:

  • HOA Disputes: An apartment building HOA sues the developer for defects in the roof, facade, or common areas.
  • Structural Danger: Cracks appeared in the building, threatening stability. Owners demand reinforcement works.
  • Non-compliance with Project: The builder used cheaper materials than specified in the project (e.g., elevators, windows).

Georgian Legal Framework

The lawsuit is based on:

Civil Procedure Code: Which defines the burden of proof. The plaintiff must prove the existence of the defect.

Civil Code (Nardoba): Which gives the right to claim damages for improper performance of obligations.

Construction Safety Rules: Violation of which automatically triggers the builder's liability.

Step-by-Step Service Process

Working with a lawyer on Legal.ge involves:

  1. Case Assessment: Is the dispute worth it? (Cost vs. Result).
  2. Filing Lawsuit: Applying to court.
  3. Court Hearings: Participating in sessions and questioning experts.
  4. Judgment and Enforcement: Achieving results.

Why Choose Legal.ge?

Construction disputes are complex and lengthy. Fighting alone against a large construction company with its own lawyers is difficult. Legal.ge gives you strong legal support to protect your rights and obtain the compensation you deserve.

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