Question

I live in Gwinnett County, GA and am having problems with getting my homebuilder to fullfill their end of my new home warranty.

There was a crack in my closet that they came out to fix, but it reappeared as soon as the paint dried. They claim that they are only obligated to come out, once, regardless of the fact that the crack was not fixed.

The cement of my back porch is also cracked in half, and they are claiming that it does not fall under the warranty. I quoted a selection from the warranty handbook stating, "concrete surfaces should not disintegrate to the extent that the aggregate is exposed under normal conditions of weather and use. The builder will repair non-structural cracks in excess of 1/8 inch with flexible sealant or concrete caulk." They are still refusing to fix it.

Do I have a credible case for taking them to magistrate court to fix these repairs?