As used in this article, the term:
§ 9-3-50.Definitions
Chapter 3. Limitations of Actions · Article 3. Limitations on Recovery for Deficiencies Connected with Improvements to Realty and Resulting Injuries · Last amended 1968 · Last verified July 17, 2026
In one sentenceThis section defines two terms used throughout the article governing construction-defect claims: “person,” which covers individuals and a range of business and organizational entities, and “substantial completion,” the date construction was finished enough for the owner to occupy the project for its intended use.
Full Text of § 9-3-50
(1) “Person” means an individual, corporation, partnership, business trust, unincorporated organization, association, or joint-stock company.
(2) “Substantial completion” means the date when construction was sufficiently completed, in accordance with the contract as modified by any change order agreed to by the parties, so that the owner could occupy the project for the use for which it was intended.
Plain-English Summary
Before setting the deadlines that govern construction-defect claims, this article first defines the two terms those deadlines depend on. O.C.G.A. § 9-3-50 supplies both definitions, and each one does real work in the sections that follow.
“Person” is defined broadly, reaching individuals, corporations, partnerships, business trusts, unincorporated organizations, associations, and joint-stock companies. That breadth matters because the article's repose periods and its owner-occupant exception both turn on who qualifies as a covered person, whether an individual architect or a large construction firm.
“Substantial completion” is the more consequential term, since the article's eight-year and ten-year outer limits both run from that date. The statute defines it as the point when construction was finished enough, measured against the contract as modified by any agreed change orders, that the owner could occupy the project for its intended use. That is a functional test tied to occupancy readiness, not a formal certificate or sign-off date, which means the actual date of substantial completion can become a contested question of fact in a later dispute over whether a claim was filed in time.
Frequently Asked Questions
What does “person” mean under this article?
An individual, corporation, partnership, business trust, unincorporated organization, association, or joint-stock company.
What does “substantial completion” mean, and why does it matter?
It means the date construction was finished enough, under the contract as modified by any agreed change orders, for the owner to occupy the project for its intended use. It matters because the article's repose periods for construction-defect claims run from that date.
Is substantial completion the same as a certificate of occupancy or formal sign-off?
The statute does not define it by reference to a certificate or formal document; it defines substantial completion functionally, as the point when the owner could occupy the project for its intended use.
Do change orders affect when substantial completion occurs?
Yes. The definition measures completion against the contract as modified by any change order the parties agreed to, so agreed changes to the scope of work can shift the substantial completion date.
Where are these definitions used?
Throughout this article, particularly in the repose periods set out in O.C.G.A. § 9-3-51, which measure time from the date of substantial completion.
Amendment History
Ga. L. 1968, p. 127, §§ 5, 6.
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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