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Appeals Court Ruling Ends Construction Warranties at Eight Years

November 22, 2019
The Daily Report

“Appeals Court Ruling Ends Construction Warranties at Eight Years" article by Gina Vitiello in The Daily Report

In an article published on November 22 discussing a Georgia Court of Appeals case, Shareholder Gina Vitiello discusses how warranty rights of property owners in Georgia cannot exceed eight years, a key issue put to the test in Southern States Chemical, Inc. et al. v. Tampa Tank & Welding, Inc. et al. Vitiello regularly counsels clients in similar construction litigation matters and provides insight on contractual matters.

Vitiello explains that, “she wasn’t surprised by the ruling, despite Southern’s very creative lawyering. The court appeared to base its ruling on Southern not being able to rely on its claim of a 43- to 45-year warranty, so the decision is factually different from one dealing with the eight-year limit.” She underscores that, “parties wanting to get around the eight-year statute of repose could contractually agree to a different period of time.”

Subscribers to the Daily Report can view the full article here.