Common construction disputes in Tennessee can involve delays and defects

Common construction disputes in Tennessee can involve delays and defects

Last month, a Tennessee construction crew arrived at its jobsite to find that the home had been burglarized. WBBJ Eyewitness News in Jackson, Tennessee, reported that expensive tools and a key item for the home were stolen, bringing the remodeling project to a grinding halt. The property owner, contractor, subcontractors and the family for whom the home was being prepared were all adversely affected by the crime.

While most construction delays are not the result of criminal activity, there are wide varieties of causes for delays and construction disputes that can lead to civil lawsuits. At one time or another, most architects, builders, developers, homeowners, construction companies and subcontractors are embroiled in a legal action regarding issues of construction law.

Common construction disputes

Following are common issues that may cause disputes during a development, building or construction process:

• Delays: Whether due to acts of nature, scheduling snafus, delivery problems or mismanagement of change orders, delays often occur in the construction industry. Parties to construction contracts should expect delays and include contract provisions that lay out how to face and resolve delays that may arise.

• Defects: Defects with construction may become apparent during any phase of a project. Faulty installation, substandard building products or a defective design can prove problematic and, sometimes, resulting damage may not appear until sometime after the project is complete. For example, leaky windows, improperly installed shower and bath enclosures and defective roofing materials can cause water intrusion, which leads to mold and other types of hidden damages.

• Real estate issues: Any number of issues can arise regarding land use or purchase of the subject property. Zoning or boundary disputes, restrictive covenants or lease terms can quickly derail a construction project. Do not jump the gun and start building before it is certain that the proposed project complies with governmental regulations, landlord restrictions and land use codes.

• Financing and liens: Financing and timely payments are always integral parts of construction projects. A party may withhold a payment because of a dispute, another may have money problems due to nonpayment of another project. Failure to properly secure mechanics liens can create payment issues for contractors, subcontractors and suppliers. Lien enforcement may require the assistance of a legal professional.

A lawyer can help

If you are involved in a construction dispute of any kind, consult an experienced construction law attorney. A Tennessee lawyer knowledgeable about construction, real estate and business matters can help.