2022 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
§ 8-2-36. Definitions
As used in this part, the term:
- “Action” means any civil lawsuit, judicial action, or arbitration proceeding asserting a claim in whole or in part for damages or other relief in connection with a dwelling or common area caused by an alleged construction defect.
- “Association” means a corporation formed for the purpose of exercising the powers of the members of any common interest community.
- “Claimant” means anyone who asserts a claim concerning a construction defect.
- “Common area” means the common areas, improvements, and facilities that are owned or maintained by the association in a common interest community.
- “Construction defect” has the meaning assigned by a written, express warranty either provided by the contractor or required by applicable statutory law; if no written, express warranty or applicable statutory warranty provides a definition, then “construction defect” means a matter concerning the design, construction, repair, or alteration of a dwelling or common area, of an alteration of or repair or addition to an existing dwelling, or of an appurtenance to a dwelling or common area on which a person has a complaint against a contractor. The term may include any physical damage to the dwelling or common area, any appurtenance, or the real property on which the dwelling or appurtenance is affixed proximately caused by a construction defect.
- “Contractor” means any person, firm, partnership, corporation, association, or other organization that is engaged in the business of designing, developing, constructing, or selling dwellings or common areas, alterations of or additions to existing dwellings or common areas, or the repair of such improvements. The term includes:
- An owner, officer, director, shareholder, partner, or employee of the contractor;
- Subcontractors and suppliers of labor and materials used by a contractor in a dwelling or common area; and
- A risk retention group registered under applicable law, if any, that insures all or any part of a contractor’s liability for the cost to repair a construction defect.
- “Dwelling” means a single-family house, duplex, or multifamily unit designed for residential use in which title to each individual residential unit is transferred to the owner under a condominium or cooperative system. A dwelling includes the systems, other components, improvements, other structures, or recreational facilities that are appurtenant to the house, duplex, or multifamily unit at the time of its initial sale but not necessarily a part of the house, duplex, or multifamily unit.
- “Serve” or “service” means deposit in the United States mail, postage prepaid for delivery by certified mail, return receipt requested or statutory overnight delivery to the last known address of the addressee. For a corporation, limited partnership, limited liability company, or other registered business organization, it means service on the registered agent or other agent for service of process authorized by law.
History. Code 1981, § 8-2-36 , 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, substituted “anyone” for “any one” in paragraph (3); and inserted quotes around “construction defect” in paragraph (4) (now paragraph 5).
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.