Legal Question in Construction Law in Georgia

THIS IS IN MY RESIDENTIAL CONSTRUCTION CONTRACT.

I WAS TOLD THE HOME WAS COMPLETED AND PAID THE FINAL DRAFT IN FULL.

DURING THE FINAL INSPECTION I FOUND MANY ITEMS NOT TO SPECIFICATIONS, NOT INSTALLED TO WARRENTY REQUIREMENTS AND NOT TO GEORGIA MANDATORY MINIMAL CODES AND MY CONTRACTOR REFUSES TO COMPLETE AS SPECIFIED IN THE CONTRACT.

WHO DETERMINES THE ARBITRATOR? I WANT TO DETERMINE WHO WE USE BUT MY CONTRACTOR SAYS WE HAVE TO USE THE ARBITRATOR HE CHOOSES. WHICH OF US IS CORRECT AND HOW IS MY DEMAND TO ARBITRATE INITIATED?

CONTRACT CLAUSE:

WORKMANSHIP: All materials are guaranteed to be as specified and to carry manufacturer�s warranty. All

work will be completed in a neat and workmanlike manner. In the event a dispute arises regarding satisfaction

of workmanship, materials and/or other, both parties agree to bind themselves over to a qualified

mediator/arbitrator and will abide by the findings and resolutions, the hearing to take place locally. Our labor

carries a two- (2) year warranty.

Please respond to: [email protected]

Tom Edwards


Asked on 6/11/15, 5:52 am

1 Answer from Attorneys
Scott Riddle Law Office of Scott B. Riddle, LLC

Arbitration is, in many ways, similar to a court case so you don't just pick who you want, show up at a meeting and then get a decision. You will need a lawyer to review the entire contract and go from there. Having a lawyer will also help settle before going to all that trouble. Also, this is not a call back or email service for lawyers to contact you (no reputable lawyer would), and it is a violation of the forum rules here to post your personal information. It is now public for the world to see. Please also do not type in all-caps as it is obviously harder to read.

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Answered on 6/11/15, 6:09 am


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