Legal Question in Real Estate Law in Georgia

When is it legal to occupy a new home under construction?

Thank you,

I have a customer who is building his own home , and has not gotten a building permit, and has moved into the basement while the house is only 1/4 built. Nothing has been permitted, and his moving in has prevented me from finishing the HVAC job I have him under contract to install.

He now tells me when I can come and go, and also questions all my work. I'm just curious , is his moving in illegal, and what are my options to make room for me to finish my job?

Thank you very much

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Asked on 7/28/03, 11:55 am

1 Answer from Attorneys

Charles W. Field Charles W. Field, Attorney at Law

Re: When is it legal to occupy a new home under construction?

First, I would advise you to consult with a local attorney to review all the facts. Having said that, I would keep track of how much extra time his actions have caused you and complete the job as the situation allows. Then I would demand he pay you for your extra time and if he refuses I would sue him in small claims court.

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Answered on 7/29/03, 4:34 pm


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