Construction Litigation

Savannah, Georgia Construction Defect Attorney

Holding Contractors and Manufacturers Accountable for Damage

If substandard building materials or the contractor's negligence in installing them caused damage to your home—or serious health problems—our experienced construction litigation lawyer can help. Eugene C. Brooks has successfully sued builders and building product manufacturers on behalf of clients throughout Georgia.

Free Claim Evaluation — (866) 721-1704

Our construction defect attorney, Gene Brooks, has practiced law since 1982. A Certified Trial Specialist, his reputation as an effective litigator was largely built on claims involving toxic mold and synthetic stucco. Based in Savannah, he represents clients throughout Chatham County and Coastal Georgia, as well as homeowners in the Atlanta area and statewide.

Brooks Law Firm has achieved substantial settlements for clients in:

• Construction defects cases — Holding general contractors and subcontractors responsible for structural defects, substandard work, and use of inferior materials, leading to water intrusion, toxic mold, structural failure, roof leaks, or other damage.
• Product liability cases — suing manufacturers of exterior insulation, siding, and finish systems (EIFS, or "synthetic stucco") for the inherent moisture retention problems that can lead to rotting of the underlying house frame.

Toxic Mold

A growing number of people have reported chronic injury from toxic mold exposure in their homes or at work. A common culprit is water leaks caused by defective construction—when absorbed by drywall or other wallboard, the chronically moist surface becomes a perfect breeding ground for mold. Aspergillum, penicillium, and fusarium are common but potentially harmful molds. Stachybotrys, also called black mold, is one of the most toxic. Once they spread, these organisms can cause a range of illnesses (including respiratory problems and even death) in the high percentage of people who are sensitive to molds. If you attribute your ill health to mold, we can have your home inspected by experts who can identify the type of mold and the conditions that allowed it to spread.

Fixing this problem usually involves removing and replacing large sections of walls and repairing the source of the leak. We will pursue compensation from the builder for your property damage, medical expenses, lost wages, and physical pain and suffering.

Chinese Wall Board

During 2006-2008 there was a shortage of dry wall in the United States. Dry wall imported from China was used in many newly constructed homes. The wall board contain sulfur-based chemicals that off gas into the living environment and smell like rotten eggs. These gasses can damage property, particularly metals such as copper and cause deterioration of air conditioners. These gasses can also cause respiratory problems. Defective Chinese wall boards should be removed from homes. This expense can form the basis of a lawsuit to recover damages.

Defective Construction Claims

The following are some of the steps that the homeowner must take before a lawsuit can be filed. These requirements are set forth in detail at O.C.G.A. § 8-2-38.

(1) Homeowner must send written notice to the contractor which describes in detail the nature of the alleged defects and the results of the defects. All evidence of the defects and the results of the defects, including photographs, engineer reports and other evidence shall be sent to the contractor;

(2) Within thirty (30) days after the notice is sent, the contractor must respond with an offer to pay for the repairs or make the repairs without an inspection or propose a time to inspect the house. If the contractor rejects the claim, the homeowner may bring a legal action, but only on the specific items listed in the notice.

(3) If the Homeowner rejects the Contractor's offer to repair, then the Homeowner must state in writing why the offer was unreasonable or what portion of the Homeowner's claim was omitted in the Contractor's response. If the Contractor has proposed an inspection, then the house must be made available for inspection within thirty (30) days.

(4) Within fourteen (14) days after completion of an inspection, the Contractor shall send a written offer to the Homeowner to partially or fully remedy the construction defect, a written offer to settle, a written offer to partially repair and settle the remaining claim, or provide reasons why the Contractor will not repair or settle.

(5) If the Homeowner rejects the Contractor's offers, then the Homeowner must state in writing the all reasons for the rejection.

(6) Within fifteen (15) days of receipt of Homeowner's rejection, the Contractor can then make a supplemental offer of repair or for settlement.

(7) If the Homeowner rejects the Contractor's supplemental offers, then the Homeowner must state in writing all reasons for the rejection.

(8) If the Homeowner rejects a reasonable offer of repair or settlement, then the Homeowner is limited to recovery in a lawsuit to the fair market value of the offer of settlement or the actual costs of repair or the amount of the offer made.

(9) If the Homeowner accepts the offer, then he must send written notice of the acceptance within thirty(30) days after receipt of the offer. If no response is sent, then the offer is deemed accepted.

(10) If the Contractor's offer is accepted, then the Homeowner must give the Contractor "unfettered" access to the house for repairs for completion of the repairs in accord with a timetable agreed to in the offers.

This complicated procedure is intended to protect the Contractors from Homeowner claims. Problems are likely to arise in the completion of the repairs, the quality of the repairs, and the timeliness of the completion. No penalties apply to the Contractor for being unreasonable, but do apply to Homeowners, who are limited in their remedy.

Knowledgeable, Aggressive Representation in Construction Litigation

Tort reforms in Georgia have made it more difficult to collect damages. Despite these roadblocks for the plaintiff, Brooks Law Firm has a record of success in holding builders and manufacturers accountable. We have even prevailed in suits against the city for sewage backup from improperly installed sewers and the Georgia Department of Transportation for road construction that caused ruinous flooding to a client's property.

Contact us today to discuss your case in a free consultation at (866) 721-1704. Mr. Brooks will give you an honest assessment and apply 25 years of experience to resolving your claim.