In any action arising out of alleged deficiencies in the construction of improvements on real property, the party plaintiff may join in one action, as parties defendants, all parties who allegedly contributed in the construction of the improvements as well as all bonding companies who bonded the performance of the parties defendant.
§ 9-2-22.Joinder of defendants in action for deficiencies in construction
Chapter 2. Actions Generally · Article 2. Parties · Last amended 1964 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-2-22 allows a plaintiff suing over defects in the construction of improvements on real property to join, in a single lawsuit, every party who allegedly contributed to the construction along with any bonding company that bonded the performance of those contributing parties, avoiding separate suits against each one.
Full Text of § 9-2-22
Plain-English Summary
A construction defect rarely traces back to one culprit. The general contractor, the subcontractors, the architect, and the company that issued a performance bond may all have played a part, and figuring out whose work caused the problem often takes discovery and expert testimony.
This section lets the plaintiff sue all of them together. In an action arising out of alleged deficiencies in the construction of improvements on real property, the plaintiff may join, as defendants in a single case, every party who allegedly contributed to the construction, plus any bonding company that bonded the performance of those defendants.
The point is efficiency: rather than filing separate suits against each contractor and each bonding company and litigating overlapping facts multiple times, the owner or other injured party can put everyone in one courtroom, let the evidence sort out who is responsible, and avoid inconsistent results across parallel cases.
Frequently Asked Questions
Can I sue multiple contractors in one lawsuit over a construction defect?
Yes. The section lets a plaintiff join, in one action, all parties who allegedly contributed to the construction of the improvements at issue.
Can I also sue the bonding company in the same construction defect lawsuit?
Yes. The section allows joinder of all bonding companies that bonded the performance of the defendant parties, alongside the contractors and other parties joined.
What kind of construction claim does this section cover?
An action arising out of alleged deficiencies in the construction of improvements on real property.
Does this section apply to defects in personal property, like a manufactured product?
The text is limited to improvements on real property, not personal property.
Do all the joined defendants have to be equally responsible for the defect?
The section doesn’t require equal responsibility; it allows joinder of all parties who allegedly contributed to the construction, leaving the degree of each party’s responsibility to be resolved in the case.
Amendment History
Code 1933, § 3-110.1, enacted by Ga. L. 1964, p. 140, § 1.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
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