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2021 Georgia Code
Title 8 - Buildings and Housing
Chapter 2 - Standards and Requirements for Construction, and Alteration, of Buildings and Other Structures
Article 1 - Buildings Generally
Part 2A - Resolution of Construction Defects
§ 8-2-43. No Cause of Action Created; Contractor's Right to Seek Recovery From Subcontractor or Other Professional; Contract Controls Over Provisions; Applicability
Universal Citation: GA Code § 8-2-43 (2021)
- Nothing in this part shall create any cause of action on behalf of any claimant or contractor.
- This part does not apply to a contractor's right to seek contribution, indemnity, or recovery against a subcontractor, supplier, or design professional for any claim made against a contractor by a claimant.
- In the event of any conflict or inconsistency between the provisions of this part and the provisions of any contract between a claimant and a contractor, the provisions of the contract shall govern and control.
- This part shall not apply to a contractor who is not required to be licensed under Chapter 41 of Title 43.
(Code 1981, §8-2-43, enacted by Ga. L. 2004, p. 500, § 1; Ga. L. 2006, p. 548, § 1/SB 573.)
Code Commission notes.- Pursuant to Code Section 28-9-5, in 2004, a comma was inserted between "indemnity" and "or" in subsection (b).
Editor's notes.- Ga. L. 2006, p. 548, § 3(c)/SB 573, not codified by the General Assembly, provides that the amendment to this Code section shall only apply with respect to causes of action or claims arising on or after April 28, 2006, and any prior causes of action or claims shall continue to be governed by prior law.
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