The theory on which a plaintiff may recover damages from a contractor for the latter's failure to construct a building in a workmanlike manner is that a party is entitled to have what was contracted for or its equivalent. If the defective work is remediable, the measure of damages is generally the cost of correcting the defect, but if the structure must be substantially rebuilt to conform to the contract, the measure of damages is generally the difference in value between what ought to have been done in the performance of the contract and what has in fact been done.
Tennessee Complaint Against Builder for Costs of Repairs Made and to be Made to House Not Constructed in Workmanlike Manner
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How to fill out Complaint Against Builder For Costs Of Repairs Made And To Be Made To House Not Constructed In Workmanlike Manner?
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In Tennessee, construction defect cases are subject to a statute of repose of four years. Generally speaking, except in cases of fraudulent concealment, a construction defect claim is barred, regardless of when the defect is discovered, if not brought within four years of substantial completion of the improvement.
Some examples of construction defects are electrical problems, cracks in the foundation or floor, leaky plumbing, sagging floors, leaky roofs, crooked doors, and more. If you find that a newly constructed project has a construction issue, contact a construction law firm to learn about your rights.
Tennessee law also provides for an implied warranty of merchantability in construction projects. The idea behind this warranty is to recognize that buyers of a newly constructed home or building have a legitimate expectation that the materials used and building process will meet a certain standard.
For example, Tennessee's statute of repose states that the owner must bring an action against the contractor or other construction professional within four years of the date of substantial completion.
Construction defects include improperly designed materials, poor workmanship, and failure to follow construction codes. Any deficiency in a building project can be considered a construction defect, including: Defective architectural designs. Lack of planning or supervision.
The state of Tennessee's statute of limitations for basic negligence regarding new construction is three years from the date of completion and provides one extra year of repose should you discover a problem with your new construction in the third year of your ownership (TCA §28-3-105).
While often seen as a specialist, a construction lawyer is, in many ways, a generalist who must be prepared to deal with almost any kind of legal problem that may affect the construction industry, whether that problem involves contract law, banking law, tax law, environmental law, criminal law, international law, ...