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Tennessee Construction Law Blog

Zoning basics for any real estate project

On behalf of The Law Office of Timothy H. Nichols, PLLC posted in residential real estate on Friday, September 7, 2018.

Familiarity with local zoning laws is important for any real estate project including residential real estate and commercial real estate projects. Zoning laws regulate the use of development of real estate which can have a significant impact on residential real estate or a commercial real estate project.

Zoning laws typically divide property into different categories and help keep property development uniform in those areas. Property may be divided into residential, commercial and industrial districts. Restrictions may also concern the types of dwellings such as single-family homes; multi-family dwellings; or townhomes. In some circumstances, mixed use areas that include commercial and residential may be zoned as well.

Help with the real estate process

On behalf of The Law Office of Timothy H. Nichols, PLLC posted in residential real estate on Friday, August 24, 2018.

Having trained guidance and help during the real estate process is never a bad thing. There can be a lot going on during the real estate process and a lot to know but knowing it can help ensure a positive residential real estate process overall.

Buying and selling a home can be easier with trained guidance to help usher a buyer or seller through the process. Knowing what to watch for in the process can be essential to completing a successful transaction and enjoying a positive home buying or selling process. For instance, a tax lien that goes undiscovered can place the new owner at risk of that debt and, on top of that, the tax lien could place the home in danger of foreclosure. It is also important to have trained guidance in real estate issues such as real estate closing and other specific areas related to home buying and selling.

Hiring an attorney to help draft your tenant agreement

On behalf of The Law Office of Timothy H. Nichols, PLLC on Friday, August 10, 2018.

As a landlord, you want to protect your rentable property. This involves keeping tenants happy, but you need to ensure that residents currently living in your home prove respectful and honest.

Drafting a rental agreement for your tenants by yourself may signify a disaster. You may find yourself confused with the process, forgetting certain terms, and you may even end up paying for damages your tenants caused. To protect yourself from a disagreeable tenant, you want to draft a leasing agreement with the help of an experienced attorney.

Legal options to deal with construction disputes

On behalf of The Law Office of Timothy H. Nichols, PLLC posted in construction litigation on Friday, August 10, 2018.

Construction litigation can arise in several different contexts and one of the those is because of construction defects. Construction defects litigation can involve property owners and builders or contractors, subcontractors and materials suppliers. Construction defects litigation may be because of faulty construction, a problem with the workmanship, an issue with professional services related to the construction project or with the quality of the materials used.

Construction litigation can be costly and challenging, however, construction defectives can also be costly and a headache for home owners and property owners. Understanding construction litigation and having trained guidance through the process can help. It is important that construction defects and the financial damages they often occasion are addressed and construction litigation resources can help home owners and property owners with that.

Materialmens' liens and how to protect against them

On behalf of The Law Office of Timothy H. Nichols, PLLC posted in construction on Friday, July 27, 2018.

Anyone engaged in a construction project should be familiar with what a materialmens' lien is. A materialmens' lien, sometimes referred to as a supplier's lien or mechanic's lien, is an important protection for subcontractors and materials suppliers on a construction project. It provides for a lien to be placed on the property if the subcontractor or materials' supplier is not paid by the general contractor.

While a materialmens' lien is an important protection for subcontractors and suppliers, it is also important for property owners to be familiar with. Even if the property owner paid the general contractor, if the general contractor fails to pay the subcontractor who performed the work or the supplier who supplied the materials, the property owner may be forced to pay twice or even sell the property. As a result, anyone engaged in a construction project should be familiar with materialmens' liens and how to prevent them.

Property owners should understand construction claim deadlines

On behalf of The Law Office of Timothy H. Nichols, PLLC posted in construction litigation on Friday, July 13, 2018.

The ability to bring a claim for construction defects is important for any building owners who have discovered defects on their property. Because there are also important timelines and deadlines associated with bringing a claim for construction defects, it is important to understand what those are and what the laws are in the state the property owner is seeking to bring the claim in.

Construction litigation may be brought against architects, designers, contractors and subcontractors to recover damages for a construction defect. Construction litigation can be complex and may be based on legal claims for breach of warranty, breach of contract or tort claims such as negligence. Statues of limitation determine how long the property owner has to bring a construction defects claim after discovering the defect or after they should have discovered it which is why it is essential to be familiar with what the timelines and deadlines are.

What are the damages available for construction defects?

On behalf of The Law Office of Timothy H. Nichols, PLLC posted in construction on Friday, June 29, 2018.

Construction defects can lead to serious problems which is why it is important to understand legal resources, protections and the remedies that are available to help people deal with a construction defect. Different types of damages may be available through construction litigation to help homeowners and others with construction defects and homeowners may wonder what they are.

Damages that may be available always depend on the specific circumstances of the situation and can vary accordingly, however, damages are generally intended to compensate the party bringing the claim for the financial damages they have suffered. Typically, damages for the cost of repairs and the decline in the value of the home or property may be available through a construction defects claim for damages.

How you can avoid hiring a cowboy builder

On behalf of The Law Office of Timothy H. Nichols, PLLC on Wednesday, June 20, 2018.

The residential and commercial building market is exploding in Tennessee. For the economy this is a great thing – new residents have moved to the state bringing more jobs, business and wealth.

If you are trying to buy a home or apartment, a boom in house building can sometimes mean that the quality of work is sacrificed. If you can spot a rogue builder who is out to make a quick buck, you might be able to save some time, money and heartbreak further on.

The importance of construction contracts

On behalf of The Law Office of Timothy H. Nichols, PLLC posted in construction on Friday, June 15, 2018.

When any construction or real estate project is concerned, contracts are an important part of the process. A construction contract provides important protections for the parties to the contract and for both contractors and homeowners or the owners of the project or building if the project is a commercial construction project.

In general, contracts provide duties and obligations the parties have agreed to but also provides protections for the parties if they fail to abide by their obligations. Construction contracts include details about the project and the work that will be done and how compensation will be handled related to the project. When a contract has been breached by one of the parties, the other party will have important legal remedies to consider.

What are required disclosures in real estate?

On behalf of The Law Office of Timothy H. Nichols, PLLC posted in residential real estate on Friday, June 1, 2018.

Required disclosures are in important part of the real estate process which is why both buyers and sellers should be familiar with this aspect of buying or selling a home. On one hand, sellers need to be familiar what they are required to disclose and buyers should be familiar with what the seller is required to disclose.

A lack of disclosure in the residential real estate setting can be problematic. A safe rule of thumb in

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