Overview
Century Communities operates in Georgia primarily in the Atlanta metropolitan area and surrounding suburban markets. The 2016 OSHA citation involving a Century Communities construction site in Alpharetta, Georgia, is part of the company's documented regulatory history in the state.
Georgia's Right to Repair Act, the Fair Business Practices Act, and the state's treatment of implied warranty claims create the legal framework for Century Communities buyers.
How Georgia Law Affects Your Contract
The following analysis examines how Century Communities's documented contract patterns interact with Georgia consumer protection law.
Right to Repair Act
Georgia's Right to Repair Act (O.C.G.A. § 8-2-35 et seq.) requires homeowners to provide written notice to the builder at least 90 days before filing a construction defect lawsuit. The builder has the right to inspect and make an offer to repair. This statutory requirement applies regardless of contract terms.
Implied Warranty of Habitability
Georgia courts recognize an implied warranty of habitability for new residential construction. Century's habitability waiver (HAB-001) may face enforceability challenges under Georgia common law.
Fair Business Practices Act
Georgia's Fair Business Practices Act (O.C.G.A. § 10-1-390 et seq.) prohibits unfair or deceptive practices. Misrepresentations about Inspire Home Loans financing or material substitutions (MAT-001) may be subject to claims under this statute.
Insurance Coverage Disputes
The Eleventh Circuit ruling in Century Communities of Georgia v. Selective Way Insurance Co. (2023) left Century without insurance coverage for underlying construction defect claims in Georgia after the insurer invoked a pollution exclusion. This ruling illustrates how insurance coverage disputes may affect Century's ability to fund repairs for Georgia buyers.
Georgia Legal History
Selected cases and investigations involving Century Communities in Georgia.
Century Communities Inc. LLC v. Secretary of Labor (OSHA Citation)
The D.C. Circuit upheld an OSHA citation against Century Communities as a controlling employer after a 2016 incident at a residential construction site in Alpharetta, Georgia, where a subcontractor operated a crane within twenty feet of live overhead power lines. The resulting electrical arc flash seriously injured two workers, one of whom later died.
Century Communities of Georgia v. Selective Way Insurance Co.
Century Communities sued its insurer after Selective Way refused to defend in an underlying construction defect case involving property damage from pollutants at a Georgia housing development. The Eleventh Circuit ruled that Selective Way had not waived its Pollution Exclusion defense, leaving Century without insurance coverage.
Relevant Georgia Laws
Requires homeowners to provide written notice to the builder at least 90 days before filing a construction defect lawsuit. The builder has the right to inspect and offer a repair.
Georgia courts recognize an implied warranty that new homes will be constructed in a workmanlike manner and be fit for the purpose of habitation.
Prohibits unfair or deceptive acts in consumer transactions and provides a private right of action for aggrieved consumers.
Georgia Key Facts
- 1Georgia's Right to Repair Act requires 90 days' written notice to the builder before filing a construction defect lawsuit.
- 2Georgia courts recognize an implied warranty of habitability for new construction.
- 3Mandatory arbitration clauses are generally enforceable in Georgia.
- 4Georgia has a 4-year statute of limitations for breach of contract and an 8-year statute of repose for construction defect claims.
- 5The Georgia Secretary of State registers residential builders, though Georgia does not have a separate builder licensing board.
- 6The Fair Business Practices Act provides remedies for deceptive practices in home sales.
What Georgia Buyers Should Know
- Comply with Georgia's 90-day Right to Repair notice. Georgia law requires 90 days' written notice to the builder before filing a construction defect lawsuit. Document all defects and send notice via certified mail.
- Review Century's regulatory history in Georgia. Century Communities received an OSHA citation related to a 2016 construction site incident in Alpharetta. The insurance coverage dispute in Century Communities of Georgia v. Selective Way illustrates potential challenges in obtaining compensation for defects.
- Compare Inspire Home Loans with independent lenders. Century may offer incentives to use Inspire Home Loans. Compare total loan costs with at least two independent lenders.
- Insist on an independent home inspection. Negotiate for inspection access if the contract restricts it (INS-001). An independent inspector can identify defects before closing.