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The Hard Stop: Georgia’s Eight-Year Statute of Repose for Construction Defects
A statute of limitations sets a deadline from when a cause of action accrues — typically from discovery of the injury. A statute of repose is different. It sets an outer deadline from when the underlying act occurred, regardless of when the injury is discovered or...
Add-On or Reduced-By: Understanding Georgia’s Uninsured Motorist Coverage
Georgia has a serious uninsured driver problem. Estimates put the percentage of Georgia drivers without liability insurance consistently above the national average. When an uninsured or underinsured driver causes a crash, the injured party's own auto policy —...
The Public’s Right to Know: Georgia’s Open Records Act
Government records belong to the public. That principle underlies Georgia's Open Records Act, codified at O.C.G.A. §§ 50-18-70 through 50-18-77. The Act gives any person — citizen, journalist, attorney, or business — the right to inspect and copy records held by...
Fair, Not Equal: How Georgia Courts Divide Marital Property in Divorce
Georgia is an equitable distribution state. That phrase means something specific and frequently misunderstood: marital property is divided fairly, not necessarily equally. A 50/50 split may be the outcome, but it is not the starting point. The court‚ or a jury, if...
Filed on Time or Lost Forever: Georgia’s Mechanic’s Lien Deadline System
A mechanic's lien is one of the most powerful tools available to contractors, subcontractors, and material suppliers on Georgia construction projects. It encumbers the property, clouds title, and gives the unpaid claimant leverage over an owner who needs a clean title...
The $250,000 Ceiling: Punitive Damages in Georgia and When It Does Not Apply
Punitive damages are the civil justice system's mechanism for punishment. They exist not to compensate the plaintiff but to penalize the defendant for conduct so egregious that a compensatory award alone is insufficient to deter it. In Georgia, that mechanism operates...
Striking Back: How Georgia’s Anti-SLAPP Statute Protects Free Speech and Public Participation
SLAPP stands for Strategic Lawsuit Against Public Participation. A SLAPP suit is not filed to win — it is filed to silence. The plaintiff's goal is to impose litigation costs on a critic or citizen who has spoken out on a public issue, making the fight expensive...
From Demand to Put-Out: Georgia’s Dispossessory Process Step by Step
Georgia uses the term "dispossessory" where most states say "eviction." The proceeding's purpose is restoring possession to the landlord. It is governed by O.C.G.A. §§ 44-7-49 through 44-7-59 and moves quickly — uncontested, a landlord can go from demand to writ...
Fit for Human Habitation: Georgia’s Implied Warranty After the Safe at Home Act
For most of its history, Georgia was one of the few states without a statutory warranty of habitability for residential tenants. Courts offered limited protection, and lease provisions purporting to shift repair obligations to tenants operated in a legal gray zone....
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