Your answer will depend on a few factors. Your contract is very important to determining the process to make demand and rights and remedies but there are other factors including whether the contractor was state licensed. Pool and spa contractors do NOT have to be state licensed to perform their work generally but the porch may be a factor if determining whether a state license was needed. In some jurisdictions they may have to have a local license from the health department. In all cases they must comply with the building code. Hopefully your jurisdiction is also one where a building permit was needed. You will need to discuss your situation with an attorney who understands state licensing and the issues as well as residential construction law. The sooner you do, the better. You want to do this before you hire a completion contractor to make any corrections or repairs or to complete the work so that you can document your case. It is also important that consideration of economics be considered -- just because ultimately you may be able to obtain a judgment for your damages from a contractor or in the right situation for return of all money paid (as I have done against unlicensed contractors violating state licensing law), does not mean you will get paid. Be sure to check out my website.
Disclosure: This answer and any information contained in this answer is not intended to be treated as legal advice. It is for informational purposes to educate about legal issues. You should contact an attorney for specific legal advice for your situation. Specific legal advice based on full knowledge of your specific situation and all facts may differ from general information. This posting does not create an attorney-client relationship or privilege of any kind. This attorney actively licensed only in the State of Georgia. If this is a Georgia matter, you may of course contact me to discuss possible representation. FEEDBACK: Both AVVO and other readers are interested in your feedback on the quality of the answers. Please check the “thumbs up” symbol if you find an answer helpful.
This is a frequent question on Avvo. Kevin Veler has given you some good advice. First and foremost, if your children are in danger you should take the necessary steps to protect them from any dangerous conditions. You should also alert the contractor that this is an issue. Be aware that Georgia law gives the contractor the right to repair defective home construction work. It can be very frustrating to follow this complex statutory procedure, but it is in your best interest to do so. Below I have given you several links to articles on Georgia's "Right to Repair Act." You should follow the statutory procedures carefully. Make sure that you have notified the contractor of every defect and allowed the proper statutory time for the contractor to repair the defective conditions. Thereafter, give the contractor written notice by certified mail that you are going to hire another contractor to repair the defects. Get the items repaired and file suit against the contractor for the cost of the repairs. There are a number of excellent construction lawyers in and around Savannah who would be glad to advise you about what to do and to guide you through this process. If the total amount in dispute is less than $15,000 you can file suit in Magistrate Court in the county where the contractor resides. Compliance with the statute can be complex and you would be well advised to talk to a lawyer who is familiar with the operation of the Right to Repair statute. Hope this helps.
Attorneys Veler and Chapman have given good, detailed answers so I'll only try to supplement those with a practical point. The Right To Repair Statute was promoted by contractor groups who felt it might help them avoid burdensome lawsuits. Many observers think the law in its final form created as much burden as it possibly relieved. Some contractors don't like it and they may not include the notice in their contracts or some other communication with the owner that triggers its applicability. Review your contract and see if it's there or if you got the notice in any other form. If not, you path to court is simpler.
A second point: If you have defective conditions that are causing damage, that may trigger coverage under the contractor's liability insurance policy. If such insurance is in place, sometimes you get action and results from an insurer that you wouldn't get from the contractor himself.
A good construction lawyer in your area should be able to answer questions about the Right to Repair law, insurance, and other issues. Good luck.