New Home with Defects?

Problems with my new house?

Almost all new construction is never constructed perfectly. (Even John Mrosek’s house!) Many of us have moved into new homes and realized—- things just are no way near right! What should you do?


First, get an inspection done of your house. It can be a home inspection service as a start (cheaper) or you can retain an engineer (more thorough). It is preferable that your attorney supervise this process to preserve legal privileges but it is not necessary.


Second, you will need to have an attorney send a detailed, required report to the builder. A fairly recently passed law requires you to afford the opportunity to the builder to either fix the home or pay you money. You both have to agree. And, you have to wait 90 days before you can either sue or demand arbitration (review your contract). In addition, your contract may require pre-suit mediation, which is a settlement conference. The law setting forth the basic claim and notice requirements is O.C.G.A. §8-2-38.


John Mrosek has been an active litigation attorney for 35 years, has handled dozens of construction cases and taken many to a jury trial, arbitration, mediation, and appeal. He has kept abreast of the changes of law. Coming from a family that is half lawyers and half builders, John knows the area.