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How do I resovled a brick issue on my new Townhome purchased in 2010

Smyrna, GA |

The bricks are chipping, (deteriorated) there is mortar on the exterior of the bricks, the home was built in 09/2010. The mason workmanship was shabbily constructed, I have inform the builder (Ashton Woods) several times about my concerns, unfortunately I received no positive response. Please advised me on how can I resolve this problem professionally. Thank you Robin Smith

Attorney Answers 2


  1. You may be able to rely on the terms of your purchase contract or any warranties provided by the developer, pursuant to which they may have agreed to repair any faults or defects discovered in a period of time after purchase. You may also--or in the alternative--have the right to bring a construction defect claim against the developer and any contractors who may be responsible for the faulty work. A consultation with an attorney would be necessary to determine the extent of your rights.

    Due to the fact that you live in a town home, the issue may be complicated a little due to the fact that you may have to involve your community association with respect to any exterior faults which may be common property. An attorney would have to review your community's governing documents, if any, to determine if that is an issue.

    You may also have to comply with the Right to Repair Act, which generally grants contractors and developers the right to repair any defect before you may file a lawsuit. The Act also has specific notice requirements and procedures that you would have to follow.

    If your requests to the developer and/or community association have gone unanswered, it may be best to consult with an attorney to review the issue, establish your options, and begin the demand/pre-litigation process. Because of strict legal requirements and statute of limitation issues, it is in your best interests not to delay in selecting and retaining an attorney.

    The information contained in this response is general legal information and should not be construed as legal advice to be applied to any specific factual situation. You should consult an attorney to discuss the specific, relevant facts of your case. The information provided in this response should not be used as a substitute for legal advice. This response does not create an attorney-client relationship.


  2. While I agree with Mr. Cardone, and you say the unit was built in Sept 2010, you don't say when you purchased it. Deadlines may be looming as you are coming up on a 2 year mark, any one year deadlines may have already passed. See what your warranties cover, check your covenants as to who owns the exterior wall and consider speaking to an attorney immediately to make sure you don't miss any deadlines.

    This is not intended to be legal advice or create an attorney-client relationship. If more information is needed, you should consult with an attorney in your state regarding the specifics of your situation and the options available to you.