Bill Text: GA HB595 | 2009-2010 | Regular Session | Introduced

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Bill Title: Contractors; disclosures upon discovery of defect; provisions

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced - Dead) 2009-03-04 - House Second Readers [HB595 Detail]

Download: Georgia-2009-HB595-Introduced.html

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09 LC 38 0846

House Bill 595

By: Representatives Hill of the 21st, Jerguson of the 22nd, and Coan of the 101st

A BILL TO BE ENTITLED
AN ACT

To amend Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to residential and general contractors, so as to provide for certain disclosures upon the discovery of a defect relating to certain constructions; to provide for certain disclosures upon a residential contractor completing a fill in connection with certain constructions; to provide a buyer with the ability to inquire into the professional background of a residential contractor; to provide for related matters; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

Chapter 41 of Title 43 of the Official Code of Georgia Annotated, relating to residential and general contractors, is amended in Code Section 43-41-7, relating to written warranties, by designating the existing provisions as subsection (a) and adding a new subsection (b) to read as follows:

"(b)(1) For the purposes of this subsection, the term 'buyer' means the purchaser of a custom residential construction of which certain specifications have been negotiated with a licensed residential contractor as part of a purchase of a purchase offer.

(2) Upon the discovery of a defect relating to the construction of which the residential contractor has contracted with a buyer to complete or of the completion of any fill relating to such construction, a licensed residential contractor or any affiliated entities or successors shall provide to a buyer, by statutory overnight delivery, a report describing such defect or any engineering report describing the detail of any fill relating to such construction. Any report provided pursuant to this paragraph shall be provided to the buyer within five days of the completion of such report. In the case of a defect, the residential contractor shall as part of his or her report include any steps taken to correct the defect that is the subject of the report.

(3) Upon the request of a buyer, the board shall provide such buyer with a report disclosing all disciplinary actions taken against a licensed residential contractor including, but not limited to, all actions taken by the board pursuant to Code Section 43-41-16, any penalties such residential contractor may have received pursuant to Code Section 43-41-16, or all other information relating to any professional misconduct conducted by such residential contractor. Nothing in this subsection shall require the board to provide a buyer with any information that is deemed confidential or not for public consumption by any other provision of law."

SECTION 2.

All laws and parts of laws in conflict with this Act are repealed.