Dear Consumer Ed:

I hired a contractor to do some work on my home.  He took forever to do the work. Now, after having paid him in full, I have found a lot of things that he did wrong.  I don’t want to deal with him any more.  Can I hire someone else to fix the problems and make him pay to have it done? 

Consumer Ed says:

Before you take any action in connection with repairs, you need to do several things.  First, review both your contract and any warranty that you received from the contractor.  See if they contain any provisions relating to repair issues and how they should be handled.  If they do, you need to follow the procedures outlined for the completion of repairs. 

You also have to comply with Georgia’s Right to Repair Act before you can sue a contractor in connection with construction defects.  The Act requires that the contractor be given an opportunity to try and correct any problems.  It contains specific provisions relating to notice, inspections, timelines and other procedures.  If you do not follow all of the Act’s requirements, it could have a negative impact on your claim.  For more information about the Right to Repair Act, visit the Home Improvement section of the ConsumerEd.com website.

In your situation, we recommend that you consult with an attorney.  To find a lawyer in your area, contact your local bar association.  A list of the bar associations in Georgia can be found on the State Bar of Georgia’s website: www.gabar.org.

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