Construction Defects Underwood | Scoggins

Construction Defects Attorney in Forsyth County

Real Estate, Litigation, & Business Law Combined: Over 1,000 Cases Handled

Forsyth County’s pace of residential and commercial construction brings a predictable volume of disputes with it: cracked foundations, leaking roofs, failing drainage systems, and work that doesn’t meet code. These aren’t minor inconveniences. Left unaddressed, construction defects reduce property values, complicate resale, and create ongoing structural and safety problems.

At Underwood Scoggins, we represent property owners, homeowners, and businesses in construction defect matters throughout Forsyth County and the broader North Georgia region. Our attorneys draw on combined depth in real estate law, civil litigation, and business law, bringing the contract analysis, liability assessment, and strategic judgment these cases require. With more than 1,000 cases handled and an extensive record working with property owners and businesses, we can guide you through the pre-litigation process and take assertive action when a negotiated resolution isn’t possible. Virtual consultations are available, and our process can be handled entirely remotely if that better fits your situation.

If you’ve discovered problems with new or recently completed construction, don’t wait. Deadlines under Georgia law can limit your options quickly. Call our construction defects lawyers at Underwood Scoggins today: (762) 300-3484.

Four Types of Construction Defects Georgia Property Owners Face

Identifying what kind of defect you’re dealing with matters because it shapes who may be liable and what legal theories apply. Construction defects in Georgia generally fall into four categories:

Design Defects
These arise when an architect or engineer produces a structurally inadequate plan or fails to meet applicable building codes. The fault lies in the blueprint, not the build.

Material Defects
When inferior, inappropriate, or non-compliant building materials are used, the resulting problems can range from cosmetic deterioration to serious structural failure over time.

Workmanship Defects
Poor execution by a contractor or subcontractor, such as improper framing, inadequate waterproofing, or corners cut during concrete work, falls into this category. Under Georgia law, a general contractor can be held accountable for defective work performed by subcontractors even when the contractor didn’t perform that work directly.

Subsurface Defects
Forsyth County’s Piedmont clay soils require careful geotechnical evaluation before construction begins. When soil preparation, compaction, or site assessment is inadequate, foundation movement and structural problems often follow, sometimes years after the project closes.

Defects may not become apparent until months or years after substantial completion, which is one reason timely legal advice is worth seeking as soon as a problem surfaces.

Georgia’s Right to Repair Act: What Homeowners Must Do Before Filing Suit

Before a homeowner in Georgia can file a construction defect lawsuit, state law requires completion of a mandatory pre-litigation process. Georgia’s Right to Repair Act (O.C.G.A. §§ 8-2-35 through 8-2-43), enacted in 2004, governs residential defect disputes involving single-family homes, duplexes, and condominiums. It doesn’t apply to purely commercial properties.

The Notice & Response Timeline

Under Georgia’s Right to Repair Act, the homeowner must serve a written notice of claim on the contractor at least 90 days before filing a lawsuit. That notice must be delivered by certified mail or overnight delivery with return receipt requested, identify the specific defects at issue, state that it is being served to satisfy the statutory requirements, and include any supporting documentation, such as expert reports, inspection results, photographs, and videos, to the extent that evidence would be discoverable under evidentiary rules.

After receiving the notice, the contractor has 30 days to respond in writing. Under the Act, that response must either offer to settle the claim by monetary payment, repairs, or a combination of both without inspection, or propose to inspect the dwelling before deciding on a course of action. If the contractor chooses to inspect, it must then serve a written post-inspection offer within 14 days. That offer may be a full or partial remedy, a monetary settlement, a combination of both, or a written statement declining to remedy the defect with reasons stated. If the contractor fails to respond within 30 days or rejects the claim outright, Georgia law permits the homeowner to proceed with legal action.

Why Getting the Process Right Matters

The Act’s procedural requirements carry real consequences. A homeowner who rejects a reasonable contractor offer may be barred from recovering costs or attorneys’ fees in subsequent proceedings. Failing to comply with the notice requirements can result in a court staying the litigation until the process is completed correctly. Many new home purchase agreements also include binding arbitration clauses, meaning any dispute may be decided by an arbitrator whose ruling is typically final with limited grounds for appeal. That makes correct handling of the pre-litigation process particularly consequential.

Georgia’s statute of repose for construction defect claims runs 8 years from substantial completion of the project (O.C.G.A. § 9-3-51). The applicable statute of limitations varies depending on the legal theory asserted. An attorney can help structure the notice of claim, document defects properly, evaluate any contractor response, and preserve all available legal options before deadlines run.

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Our experienced attorneys bring skill, strategy, and relentless determination to every case.

Why Forsyth County Property Owners Work with Underwood Scoggins

Construction defect cases sit at the intersection of real estate law, contract analysis, and civil litigation. Few matters draw more evenly on all three at once. Our attorneys bring experience across each of those areas, which means we can assess liability, evaluate contract terms, and develop a litigation strategy without handing the matter off or narrowing its scope prematurely.

We’ve handled more than 1,000 cases, including complex matters for high-net-worth property owners and businesses. Joshua A. Scoggins leads our litigation and dispute work. Senior Associates Krystle L. Lopez and Jessica G. Cantrell also handle construction-related matters. Together, this team brings the analytical depth and practical judgment construction defect claims require.

We know when a negotiated resolution serves a client’s interests and when assertive advocacy is the right posture. That distinction matters in construction defect work, where a contractor’s initial response to a notice of claim often shapes whether a dispute resolves efficiently or escalates. We apply that judgment from the first consultation forward and communicate clearly at every stage so clients understand their position and their options.

Who We Represent & What Claims We Handle

We represent property owners, homeowners, and developers in construction defect claims throughout Forsyth County and surrounding areas of North Georgia. Our representation covers the full range of disputes that flow from defective construction work.

Claims and dispute types we handle:

Construction defect claims against contractors and subcontractors
Builder warranty disputes
Right to Repair Act notice process compliance and strategy
Breach of contract, negligence, and breach of implied warranty claims
Multi-party disputes involving general contractors, subcontractors, architects, engineers, and materials suppliers
Diminution in value claims, where a defect has reduced a property’s market value
Consequential damages such as lost rental income or carrying costs during repair, where the facts support recovery

Construction defect claims often involve more than one responsible party. A general contractor, subcontractors, design professionals, and materials suppliers may each carry distinct liability exposure depending on the type of defect and the project documentation. We analyze those relationships carefully to identify every viable avenue for recovery.

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Trusted by Clients. Proven in Court. Five-Star Client Reviews

At Underwood Scoggins, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

"Guidance You Can Trust"
Ethan’s expertise and kindness made a difference in navigating our property issue. Grateful for his time, insights, and thoughtful approach!

- E.G.
"I highly recommend Underwood Scoggins for any land entitlement or rezoning needs!"
Whether handling rezonings, zoning condition amendments, or minor subdivision plat recordings, their team consistently goes above and beyond.

- Anne Marie A.
"A very solid team that does great work"
Josh has years of experience in local matters and litigation coupled with solid judgement, strong relationships built on trust, and an overall pragmatic approach.

- Brian F.
"Unmatched Preparation, Proven Results"
Josh protected my rights, resolved my case without litigation, and was the most prepared attorney I’ve worked with. A true advocate for his clients!

- Eric

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Talk to a Construction Defects Attorney in Forsyth County

If you’ve discovered a defect in newly built or recently renovated property, the time to act is before deadlines narrow your options. Underwood Scoggins serves property owners and businesses throughout Forsyth County and North Georgia. Call us at (762) 300-3484 or reach out through our online contact form to schedule a consultation.

Don’t let Georgia’s deadlines close off your options. Call our construction defects attorneys at Underwood Scoggins: (762) 300-3484.

Our Approach to Construction Defect Cases

We start with the documents. Construction contracts, change orders, and amendments frequently contain ambiguous terms, limiting provisions, and liability allocations that shape what claims are viable and against whom. We analyze that record carefully before advising on strategy.

We collaborate with trusted professionals in engineering, architecture, and the construction trades to evaluate fault, assess the full scope of damages, and support our clients’ positions in negotiations or formal proceedings. Third-party analysis is often the difference between a notice of claim that gets taken seriously and one that gets denied.

Documentation assembled from the earliest stage, including photographs, written communications with the contractor, inspection reports, and construction schedules, strengthens both the initial notice of claim and any subsequent legal action. We help clients build that record from the outset rather than reconstructing it later.

We’re prepared to handle construction defect matters through every stage a dispute might reach: the Right to Repair Act notice process, mediation, arbitration, litigation, and appellate proceedings. Georgia’s economic loss doctrine and the presence of arbitration clauses in many new home purchase agreements can affect which legal theories and forums are available. We address those questions early so clients go into the process with a clear understanding of where they stand.

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We’re ready when you are. Contact our North Georgia legal team today and take the first step toward resolution.

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