Community associations must be careful to preserve construction defect claims. All too often, our firm is approached by associations to handle construction defect litigation at the eleventh hour, or worse, when the time has already passed to bring an action. Because of the significant costs typically associated with repairing construction defects, community associations must be proactive in their pursuit of construction defect claims.
Georgia has a relatively short window of time to assert construction defect claims, including negligent construction claims. Thus, it is important for associations to investigate potential defects and then take immediate action based on the findings. For example, if an owner reports significant cracks in a common element wall, the association should arrange for an engineer to inspect the property and then discuss the results with legal counsel.