This class will cover all aspects of Express & Implied Warranties.

Topics that will be covered:

Express Warranties under Georgia Law
- Requirements to create an Express Warranties
- Modification and limitation of Express Warranties
- Possible Third Party Claims
- Enforcement by Contractor
Implied Warranties under Georgia Law
- Good and Workmanlike Manner
- Good Faith and Fair Dealing
- Disclaimer of Implied Warranties
- Privity of Contract Required
- Enforcement by Buyer
Warranties Provided by Georgia Licensed Residential Contractors
- Governing Statutes and Regulations
- Standards for Work
Warranties Required by HUD [FHA and VA]
- Governing Statutes
- Federal Regulations
- Warranty of Completion of Construction
- Priority
2-10 Warranties
- Coverage Issues
- Protections afforded
Claims that Circumvent Express/Limited Warranties
- Negligence/Construction Defect Claims
- Fraud/Constructive Fraud Claims
- Deceptive/Unfair Trade Practices
Time Limits: Statute of Limitations for Warranty Claims
- Limits in Warranty
- Statute of Limitations for Warranty Claims
- Accrual of Warranty Claim
- Discovery Rule
Warranties Created Outside of Contract
- Model Homes
- Sales Materials
- Course of Conduct
- Brokers and Agents
Damages for Breach of Warranty
- Actual, Special and Consequential
- Attorneys’ Fees and Costs
- Mitigation Obligations
Arbitration of Warranty Claims
- Georgia Arbitration Act
- Federal Arbitration Act
- Industry-related services

Instructor David Rusnak is an attorney at Weissman, P.C. and practices in state and federal courts throughout the Southeast, concentrating in the areas of construction and commercial real estate disputes. Dave represents national, regional and local developers, property and business owners, engineering firms and contactor and counsels his clients, in addition to representing them in court, on pre-litigation risk management and claims avoidance, contract drafting, mechanics’ and materialmen’s liens, and surety bonds. Dave has also served as the interim general counsel for InTown Suites, managing its litigation and commercial matters. He is a member of the American Bar Association, the State Bar of Georgia, the State Bar of Texas, and is admitted to practice in all of the state courts of Georgia and Texas, the Supreme Court of the United States, the Fifth and Eleventh United States Courts of Appeals, and United States District Courts in Georgia and Texas. He has served as a Trustee of the Institute of Continuing Legal Education of Georgia, and has chaired and been a member of numerous state bar association and construction industry committees. Dave has also organized, chaired and presented numerous seminars presented in Texas and Georgia for the Georgia Institute of Continuing Legal Education and other continuing education providers on the subjects of mechanics’ and materialmen’s liens, construction documents, and ethical considerations in construction law.

Sign in begins at 12:00 pm.

Weissman, P.C. will be providing lucnh to class attendees.

Discounts are available to companies sending 5 or more attendees to the same class. Contact Valerie Siegel at 678-775-1469 for more information.

This session qualifies under the Rules of the Georgia State Licensing Board for Residential and General Contractors for three (3) continuing education credit hours. The Greater Atlanta Home Builders Association has approved this seminar for three (3) CPHB continuing education credit hours.

CREDIT NOTE: Any session approved for Georgia State Licensing credit or Georgia Real Estate credit requires the participant to attend the FULL session in order to receive credit. The participant is required to sign in and sign out. Failure to sign in and sign out will result in zero (0) credit hours.

A 48-hour written notice is required for ALL cancellations -- NO REFUNDS FOR NO-SHOWS

Contact Valerie Siegel Braverman, Education Manager, for questions or assistance (vbraverman@atlantahomebuilders.com or 678-775-1469).

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Express and Implied Warranties: The Tail that Wags the Dog