New Georgia Law Creates Liability For Contractors

Most residential contractors in Georgia nevereven more than appliance dealers. Their risk of
considered writing warranties for their work.loss is even greater. A good contract with
Builders usually think of warranties as an extrafavorable warranty terms will reduce the risk
responsibility with little payback: Better to ignorethey face.
the issue and hope clients never give it a thought.And the Georgia Written Warranty Act makes it
That's about to change. Georgia Code Sectioneasy. The only iron-clad warranty rules:
43-41-7 (the Written Warranty Act) now requires1. It has to be in writing.
that residential contractors deliver a written2. It has to explain what's covered and what's
warranty before starting work on any job valuedexcluded.
at over $2,500. The Georgia legislature left it to3. It has to identify duration of the warranty.
the State Licensing Board for Residential and4. It has to describe claim procedures and
General Contractors to decide what has to be in5. response options.
that warranty. The Board's regulation went into6. And has to assign any manufacturer warranties.
effect on August 4, 2008.What a contractor says in his warranty on those
There are two ways to look at this. First, thesix points is entirely up to the contractor. They
Written Warranty Act is just another burdencan cover or exclude anything and for any period
contractors have to carry (or find a way toso long as the warranty touches all six points as
avoid). Second, contractors could decide that thelisted above.
Written Warranty Act is an opportunity likely toThere's a certain symmetry to this new law. For
make or save time and money.several years, Georgia's Right to Repair Act has
When a customer buys a car or a set of tires orprotected residential contractors from suit over
get your car serviced, you get a warranty asclaimed construction defects. Before filing suit, the
part of the deal. That warranty draws a line in thehome owner has to work through a 90-day
sand that identifies exactly what's covered andsettlement procedure.
what isn't, reducing the margin for dispute. CarSo now the scales are in balance: Obligations of
dealers and appliance manufacturers wouldn't eventhe homeowner under the Right to Repair Act
consider doing business without a writtenweigh against obligations of the contractor under
warranty, (for their own protection). Licensedthe Written Warranty Act. In a way, it makes
residential contractors need warranty protectionperfect sense.