When purchasing a newly built apartment or house, buyers often encounter construction defects that appear some time after moving in. This could be cracks in walls, leaking roofs, poor quality utilities, or lack of sound insulation. Consumer protection laws and the Civil Code in Georgia provide for the developer's and builder's liability for the quality of work performed. Defect claims and warranty services are a legal mechanism that gives the buyer the right to demand rectification of the defect, price reduction, or compensation for damages.
Unfortunately, developers often try to avoid responsibility, claiming that "by signing the handover act, the buyer accepted the apartment as is." This is incorrect. Responsibility for latent defects, which could not be detected by visual inspection, remains valid during the warranty period. Legal.ge allows you to find lawyers who will help you file a claim against the builder and protect the value of your investment.
What Does Defect Claims Service Cover?
This service protects real estate owners from the consequences of poor-quality construction:
- Defect Identification and Expertise: Organizing independent construction expertise to determine the causes of defects and the cost of rectification.
- Warranty Claim Preparation: Sending a legally substantiated letter to the developer demanding the correction of the defect.
- Negotiation with Developer: Agreeing on compensation or a schedule for repair works.
- Litigation: Preparing a lawsuit demanding compensation for damages (including moral damage and rent for alternative housing) if the developer refuses to fulfill obligations.
- Contract Analysis: Checking warranty terms in the purchase agreement and invalidating unfair clauses.
Common Real-World Scenarios
Disputes related to construction quality often unfold according to the following scenarios:
The first scenario is "Leaking Plumbing." Due to poor pipe installation in a new building, water leaks to lower floors. The developer blames the owner. Expertise determines the cause is poor quality material. The owner demands reimbursement for repair costs.
The second case is "Cracks in Walls." Walls crack due to building settlement or poor quality frame. This threatens the structure. Buyers demand reinforcement works.
The third scenario is "Non-compliance with Project." The project promised a high-quality elevator and lobby finishing, but a cheap elevator was installed. Owners demand compensation for the difference.
The fourth situation is "Latent Defect." One year after purchase, it turns out thermal insulation was done incorrectly, and walls get damp. This is a latent defect for which the developer is liable.
Georgian Legal Framework and Regulations
Quality control and warranty are regulated by the Civil Code:
- Civil Code (Contract for Work): Article 638 and subsequent articles establish the contractor's (builder's) liability for defects in the work performed.
- Statute of Limitations: The limitation period for claims regarding defects in buildings and structures is 5 years from the acceptance of work.
- Burden of Proof: If a defect appears within the warranty period, the burden of proof often shifts to the builder to prove the defect is not their fault.
Process and Stages
The process begins with documenting the defect (photo/video) and drafting an act. Then an invited expert prepares a conclusion. The lawyer prepares a claim and sends it to the developer. The law requires giving the developer a reasonable time to fix the defect. If they remain inactive, the buyer has the right to fix the defect themselves and demand reimbursement of costs, or demand a price reduction. In case of a court dispute, the expert conclusion is the main evidence.
Why Legal.ge?
Poor quality construction is a serious problem in Georgia. Many buyers accept their fate because they do not know their rights. Legal.ge gives you access to lawyers who know the specifics of construction disputes. We will help you force the developer to keep their promises and provide you with quality housing.
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