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Tennessee Construction Law Blog

Realty company plans office building in Nashville

Commercial real estate can be a challenging yet rewarding business to be in and legal resources help to protect valuable interests that are part of a commercial real estate transaction. The parties to a commercial real estate transaction should be familiar with the legal resources available to help them accomplish a successful transaction and guide them through the different phases of the process.

A realty company that recently acquired a former retail location in Nashville recently announced plans to purchase an adjacent property that would bring the total project foot print to a little over three-quarters of an acre. The company is under contract to purchase the neighboring property after purchasing the former retail property for approximately $7 million. The company also announced that it plans to build an office building at the site.

Legal help with construction defects

A construction defect is a condition that lowers the value of the home or property and may also cause practical problems for the homeowner and property owner. Unfortunately, some construction defects may not be immediately noticeable which is why it is important for homeowners and property owners to be aware of the legal protections available to them when they are facing the challenges associated with construction defects.

Construction defects can arise because of a variety of reasons including poor workmanship, inferior construction materials or improper design. Construction defects can be caused by improper soil analysis and preparation; poor site selection and planning; problems with civil and structural engineering; negligent construction; or inferior construction materials.

Legal help with construction liens

Construction liens can be a challenge that must be faced during a construction project. A construction project involves many parties and many moving parts which can also lead to a variety of disputes the parties should be prepared to deal with and fully understand.

Unfortunately, during the course of a construction project, nonpayment of services can become an issue. When there are issues of nonpayment between project owners and general contractors; general contractors and their subcontractors; and general contractors and material suppliers, it may necessitate filing a lien on the property or a materialmens' lien. A lien can be a concern for the parties and property owners so it is useful to understand in what circumstances one may be needed and how to avoid and address one.

Why should an attorney draft your construction agreement?

If you need to have some work done on your house, you likely trust your contractor is competent, honest and hard-working. And if you are not an experienced construction worker, you may think that explaining what you believe needs to be done on a project is enough for your contractor to agree to the work you need done. But can you imagine…

Let’s say your neighbor, Paul, had storm damage on his home. He found a contractor to make the necessary repairs on his home. And after sitting together in his kitchen, discussing the project, the contractor handed him an agreement stating: “roof and siding.” Not knowing any better, he signed and dated the agreement, trusting things would go according to plan. However, since that was his only documentation of the work he needed completed, neither Paul nor the contractor had a clear-cut plan in place.

What can I do about construction defects?

Construction defects can present a significant concern for property owners and they may lower the value of the property, reduce the inhabitability or livability of the home or property and can lead to disputes. Construction litigation can be long, drawn out and costly which is why understanding what you can do about a construction defect can help.

The legal system provides legal resources and options to help protect homeowners and property owners from construction defects. Construction defects can relate to the planning and design that went into the project, the materials used in the project or the workmanship of the project. In addition, specific defects can range from anything including the electrical system to water intrusion issues related to the foundation. Construction defects can be challenging and expensive to fix.

What is a short sale?

The are different ways that homeowners may buy a home so it is helpful for them to be familiar with what their options are. One option is a short sale but potential homeowners may have many questions about what a short sale is and if it is a good option for them.

Short sales are one residential real estate option for potential home purchasers to consider which can present a good value in some circumstances. One of the challenges associated with a short sale, however, is that they can take a longer period of time than a typical residential real estate sale. A short sale occurs when the lender to the seller has agreed to accept a reduced purchase price to release the existing mortgage on the property.

Help with a construction contract dispute

Negotiating a contract and knowing what to do and how to respond if one has been breached is important to any construction or real estate project. Contract terms that are negotiated and included in a properly executed construction or real estate contract govern the relationship between the parties, making them a very big deal.

The contract process includes contract negotiation, contract drafting and ensuring that the contract is properly executed to protect the rights and interests of the parties. A contract lays out the rights of the parties and obligations to one another and is a critically important document for the parties to a construction or real estate project or transaction to ensure they get right.

The different types of construction defects

Construction defects can be serious and can have a serious impact on the value and worth of a home or other structure owned by the property owner. In many circumstances, they can lead to construction litigation which is it important for homeowners and property owners to be familiar with.

Understanding the different types of construction defects can help the property owner better protect themselves and their interests. Construction defects can fall into several broad categories, each of which can be serious. Construction defects can include design defects, subsurface defects, materials defects and defects in the workmanship. Each type of defect can impact the property owner's home and the value of the home which is why understanding legal resources available so property owners can protect themselves is useful.

The basics of commercial real estate transactions

There are many aspects of the commercial real estate process that are important to be familiar with. In addition, there are a variety of parties typically involved in a commercial real estate transaction which is why each should understand the legal protections available to them and the legal processes associated with a commercial real estate transaction.

Commercial real estate transactions involve a variety of different types of contracts which is why it is important for parties to commercial real estate transactions to be familiar with the contract negotiation, drafting and execution process. They should also be familiar with how to handle contract disputes. Contracts define the rights and responsibilities of the parties and can also protect the interests of the parties.

Nashville housing market remains hot

The Nashville area continues to be one of the hottest housing markets in the country.

New home starts are up over last year despite bad weather having dropped home starts in late 2017 and early 2018. Second quarter 2018 statistics show a 12.5 percent year over year home start jump while closings were down year over year by only 1.3 percent.

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