Atlanta, GA asked in Contracts and Construction Law for Georgia

Q: I just recently bought a new house Dec 2022 still under warranty that has got construction defect - slab soaking water.

Garage concrete is soaking water most especially when it's rained. According to the repairer that came to fix the problem, there is a Crack on the slab causing the problem. Fix is to put a pump on the garage floor to evacuate the rain water. That's not acceptable to me to have to rely on water pump to pump out the water. Please advice.

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1 Lawyer Answer
Jonathan Avi Barash
Jonathan Avi Barash
  • Construction Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: One thing I will tell you is the before you can bring a lawsuit for this defect you will need to go through the "Right to Repair Act" process which requires a specific kind of notice be send to the contractor/builder in a specific way. There is some information about the Right to Repair Act on the State of Georgia Consumer Protection Division's website and elsewhere online, but you may also want to discuss with an attorney first as the detailed procedures of that process must be strictly followed. You should also go through this process before having any repairs made on your own or you probably won't be able to recover those costs.

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