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Penalties for using an illegal construction contract in Georgia:
- Georgia Code Section 43-41-7 (the Written Warranty Act) requires that residential contractors deliver a written warranty against construction defects before starting work on any job valued at over $2,500. The Georgia State Licensing Board for Residential and General Contractors adopted Rule 553-7-.01 (effective August 4, 2008) which identifies what the written warranty must cover.
- Georgia's Right to Repair Act requires that construction contracts include a notice which explains to owners their obligations under the law.
- Georgia law voids any clause in a construction contract which would indemnify someone for their sole negligence.
- Diverting funds for a purpose other than as required by contract is a felony punishable by imprisonment for from one to five years.
- Omission of the notice required by Official Code of Georgia Annotated § 10-1-3 (Home Solicitation) is punishable by a fine of $500 under § 10-1-15.
- Failure to make federal truth-in-lending disclosures requires restitution of the overcharge.
- Failure to include the disclosures required by 12 Code of Federal Regulations Section 226.15 extends the right of rescission to three years (rather than three days).
- Omitting insulation disclosures required by 16 Code of Federal Regulations Section 460 can result in an $11,000 fine.
The contracts linked below will help Georgia contractors avoid these penalties by complying with state and federal law.
The contracts linked below also comply with current Georgia and federal court decisions.
The contracts linked below comply with the following Georgia and federal laws:
- Conversion of payments -- Official Code of Georgia Annotated Section 16-8-15
- Indemnity -- Official Code of Georgia Annotated Section 13-8-2
- Insulation disclosure -- 16 Code of Federal Regulations Section 460
- Interest rate -- Official Code of Georgia Annotated Section 7-4-2
- Liquidated damages -- Official Code of Georgia Annotated Section 13-6-7
- Mechanics' liens -- Official Code of Georgia Annotated Section 44-14-366
- Payment on public jobs -- Official Code of Georgia Annotated Sections 13-10-80 to 13-10-83
- Prompt Payment Act -- Official Code of Georgia Annotated Sections 13-11-1 to 13-11-11
- Right of rescission -- 12 Code of Federal Regulations Section 226.15
- Right to Repair Law -- Official Code of Georgia Annotated Sections 8-2-35 to 8-2-41
- Statute of limitations -- Official Code of Georgia Annotated Section 9-3-24
- Statute of repose -- Official Code of Georgia Annotated Section 9-3-51
- Truth in lending -- 15 United States Code section 1638
- Utility Facility Protection Act -- Official Code of Georgia Annotated Sections 25-9-1 to 25-9-13
- Warranty -- Official Code of Georgia Annotated Section 11-2-313
- Warranty -- Official Code of Georgia Annotated Section 43-41-7
- Written warranty -- Residential Contractor Division Regulation 553-7-.01
Return to Penalties for Illegal Contracts in Georgia.
The contracts linked below conform with current Georgia and federal court decisions.
The contracts linked below comply with the following Georgia and federal court decisions:
- Arbitration -- Saturna v. Bickley Construction Co., 252 Ga. App. 140, 2001
- Architect's decisions -- Allgood Electric. Co. v. Martin K. Eby Construction Co., 959 F. Supp. 1573, 1997
- Attorney fees -- Sylar v. Hodges, 250 Ga. App. 42, 2001
- Choice of law -- CS-Lakeview at Gwinnett, Inc. v. Simon Property Group, Inc., 283 Ga. 426, 2008
- Claim for delay -- Department of Transportation. v. Arapaho Construction, Inc., 257 Ga. 269, 1987
- Consequential damages -- Atlanta Gas Light Co. v. Newman, 88 Ga. App. 252, 1953
- Cost of delay -- Melka Marine Inc. v. United States, 187 F.3d 1370, 1999
- Defect in the plans -- Pinkerton & Laws Co. v. Roadway Express, Inc., 650 F. Supp. 1138, 1986
- Disclaimer by owner -- Hardaway Co. v. Parsons, Brinckerhoff, Quade & Douglas, 267 Ga. 424, 1997
- Disclaimer of warranty -- Young v. Oak Leaf Builders, Inc., 277 Ga. App. 274, 2006
- Extra work -- Holt & Holt, Inc. v. Choate Construction, 271 Ga. App 292, 2004
- Indemnity -- Binswanger Glass Co. v. Beers Construction Co., 141 Ga. App. 715, 1977
- Indemnity -- Hawes v. Central of Georgia Railway Co., 117 Ga. App. 771, 1968
- Liquidated damages -- Oasis Goodtime Emporium I v. Cambridge Capital Group, 234 Ga. App. 641, 1998
- Notice of claim -- Department of Transportation v. Dalton Paving & Construction, 227 Ga. App. 207, 1997
- Pay when paid -- Associated Mech. Corp. v. Martin K. Eby Construction. Co., 67 F. Supp. 2d 1375, 1999
- Pay when paid -- St. Paul Fire & Marine Insurance Co. v. Georgia Interstate Electric Co., 187 Ga. App. 579, 1988
- Rights of third parties -- Rowe Development Corp. v. Akin & Flanders, 240 Ga. App. 766, 1999
- Statute of limitations -- Rabey Electric Co. v. Housing Authority of Savannah, 190 Ga. App. 89, 1989
- Warranty -- Hall v. Harris, 239 Ga. App. 812, 1999
Return to Penalties for Illegal Contracts in Georgia.
Return to construction contract laws in Georgia.
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