How to Sue a Contractor in Georgia for Bad Work

Bad contractor work is one of the disputes governed by Georgia’s consumer protection laws. This article explains the legal claims available when a Georgia contractor performs defective or incomplete work, the deadlines that apply, which court hears the case, the pre-suit demand the Fair Business Practices Act requires, and how a judgment gets collected.

The legal claims for defective work

A homeowner suing over bad work usually has more than one legal theory, and a single complaint can plead several at once.

Breach of contract is the most common. A contractor who fails to build what the contract describes, uses the wrong materials, or leaves the job unfinished has broken the agreement, whether that agreement was written or spoken. Georgia also recognizes an implied duty to perform construction work in a fit and workmanlike manner, so poor quality can breach the contract even when no written specification addresses it.

A written warranty in the contract creates its own claim. When a contractor promises in writing that the work will meet a standard or last for a stated period, failing that promise is a breach of an express warranty. That kind of claim is treated as a contract claim rather than a construction-defect tort, which affects both the deadline and the proof required.

Negligent construction is a separate tort claim for work that falls below the standard of care an ordinary competent contractor would meet. It can matter when the defective work causes damage beyond the contract itself, such as water intrusion that ruins finished rooms.

The Fair Business Practices Act adds a consumer-protection claim when the contractor’s conduct was deceptive rather than merely deficient, for example misrepresenting licensing, credentials, or the work actually performed. Under O.C.G.A. § 10-1-399, a consumer injured by a violation can sue for actual damages, and a court awards three times actual damages for an intentional violation, plus reasonable attorney’s fees.

How long you have to sue

The deadline depends on the type of claim. As of 2026, an action on a written contract must be brought within six years after it becomes due, under O.C.G.A. § 9-3-24. A claim on an oral contract or an open account carries a four-year deadline under O.C.G.A. § 9-3-25.

Construction defects carry a separate outer limit. O.C.G.A. § 9-3-51 bars most tort actions for a deficiency in constructing an improvement to real property more than eight years after the work was substantially completed. This statute of repose does not apply to breach-of-contract claims, including claims for breach of an express warranty.

Which court hears the case

Georgia’s magistrate courts, described among the state’s classes of court by the Judicial Council and Administrative Office of the Courts, handle the smallest money disputes. Under O.C.G.A. § 15-10-2, a magistrate court can hear a civil claim when the amount demanded does not exceed $15,000. Attorneys are allowed in magistrate court but not required, which is why many defective-work claims within the limit are filed there.

Claims above $15,000 are filed in state court or superior court, where the rules of civil procedure apply in full and most parties are represented. A case is generally filed in the county where the contractor resides or does business.

The Fair Business Practices Act demand letter

A Fair Business Practices Act claim has a step that other claims do not. Under O.C.G.A. § 10-1-399(b), a written demand for relief must be delivered to the contractor at least 30 days before an FBPA action is filed. The demand identifies the consumer, describes the deceptive act, and states the injury suffered.

The 30-day window lets the contractor make a written settlement offer. If the consumer rejects an offer the court later finds reasonable, recovery can be limited to the amount that was offered. The demand requirement does not apply when the contractor keeps no place of business and no assets within Georgia.

Filing and serving the contractor

1. Identify the correct defendant

   Name the legal entity you contracted with. A contractor operating as a limited liability company is sued in the company’s legal name, not the owner’s personal name. Using the wrong name is a common reason a judgment becomes difficult to collect later.

2. Prepare the claim

   In magistrate court, the case starts with a statement of claim that describes the work, the defect, and the amount sought. Attach the contract, invoices, photographs, and repair estimates that document the loss.

3. File and pay the filing fee

   File at the magistrate or state court clerk in the proper county. Filing fees are set locally and vary by county, so the current amount comes from the clerk where the case is filed.

4. Serve the contractor

   The contractor must be formally served with the claim and summons under Georgia’s rules of civil procedure. The sheriff, a private process server, or in some courts the clerk completes service, and service on a company usually goes to its registered agent.

5. File proof of service

   The person who serves the papers completes a return of service that is filed with the court. Proper service is what gives the court authority to enter a judgment against the contractor.

What you can recover and collecting a judgment

Damages in a defective-work case generally measure the cost to repair the defective work or complete the unfinished job, and sometimes the difference between the value of the work promised and the work delivered. An FBPA claim can add treble damages for an intentional violation and reasonable attorney’s fees under O.C.G.A. § 10-1-399. The strength of a damages claim usually tracks the documentation behind it: the signed contract, any written change orders, photographs of the defect, and at least one independent estimate of what a proper repair costs.

A judgment is not the same as payment. When a contractor does not pay voluntarily, collection tools include garnishing wages or bank accounts. If the contractor posted a surety bond, a separate route is to make a claim on the Georgia contractor license bond, which can pay a valid claim up to the bond amount.

Other options besides a lawsuit

A lawsuit is not always the first move. A consumer can file a complaint against a contractor in Georgia with the Attorney General’s Consumer Protection Division, which accepts complaints online or by mail. For licensed trades, a contractor complaint to Georgia’s licensing board can trigger a disciplinary review separate from any money claim. These paths do not award damages, but they create a record and can move a contractor toward resolution before a case is filed.