This form is a Complaint. Plaintiffs allege that defendants are liable for damages for breach of an implied warranty of merchantability. Plaintiffs demand compensatory damages and punitive damages from the defendants, plus prejudgment interest.
Tennessee Complaint for Defective Home Construction, Defective Design
State:
Multi-State
Control #:
US-CMP-10002
Format:
Word;
Rich Text
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How to fill out Complaint For Defective Home Construction, Defective Design?
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FAQ
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.
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.
Common types of Building Defects Non-structural cracks. Hair-line cracks. ... Spalling of concrete. Stains of water or rust are found on the surface or there is seepage of water. ... Structural cracks. Cracks that penetrate the surface rendering into the structural concrete or load-bearing brick wall. ... Defective external wall finishes.
Such as failure due to poor quality workmanship, which can result in a range of damages. Improper plumbing work causing leaks that might promote mold growth or damage electrical wires in a wall is an example.
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).
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.
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, ...