No Cause of Action Created; Contractor's Right to Seek Recovery From Subcontractor or Other Professional; Contract Controls Over Provisions; Applicability

  1. Law
  2. Georgia Code
  3. Buildings and Housing
  4. Standards and Requirements for Construction, and Alteration, of Buildings and Other Structures
  5. Buildings Generally
  6. Resolution of Construction Defects
  7. No Cause of Action Created; Contractor's Right to Seek Recovery From Subcontractor or Other Professional; Contract Controls Over Provisions; Applicability

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  1. Nothing in this part shall create any cause of action on behalf of any claimant or contractor.
  2. This part does not apply to a contractor's right to seek contribution, indemnity, or recovery against a subcontractor, supplier, or design professional for any claim made against a contractor by a claimant.
  3. In the event of any conflict or inconsistency between the provisions of this part and the provisions of any contract between a claimant and a contractor, the provisions of the contract shall govern and control.
  4. This part shall not apply to a contractor who is not required to be licensed under Chapter 41 of Title 43.

(Code 1981, §8-2-43, enacted by Ga. L. 2004, p. 500, § 1; Ga. L. 2006, p. 548, § 1/SB 573.)

Code Commission notes.

- Pursuant to Code Section 28-9-5, in 2004, a comma was inserted between "indemnity" and "or" in subsection (b).

Editor's notes.

- Ga. L. 2006, p. 548, § 3(c)/SB 573, not codified by the General Assembly, provides that the amendment to this Code section shall only apply with respect to causes of action or claims arising on or after April 28, 2006, and any prior causes of action or claims shall continue to be governed by prior law.

PART 3 FIRE ESCAPES

Administrative Rules and Regulations.

- Rules and regulations for the State Minimum Fire Safety Standards, Official Compilation of the Rules and Regulations of the State of Georgia, Rules of Comptroller General, Safety Fire Commissioner, Ch. 120-3-3.

RESEARCH REFERENCES

Am. Jur. 2d.

- 49 Am. Jur. 2d, Landlord and Tenant, § 712 et seq.

ALR.

- Power of state to require changes in buildings previously erected in order to comply with new requirements and standards for protection of health and safety, 109 A.L.R. 1117.

What is a "factory" within statutes relating to safety and health of employees, 163 A.L.R. 447.

Liability of innkeeper to guest for injury due to fire, 60 A.L.R.3d 1217.


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