Tennessee Construction Law Blog

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.

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.

When a property owner has encountered defects with a property they own or are considering purchasing, there are some important questions they should make sure they have answers to. Understanding construction defects and construction defects law, which can be a complicated area of the law, is important for property owners facing struggles associated with construction defects.

To begin with, construction defects can lower the value of the home or property and may be obvious or may not be immediately obvious, which is referred to as a latent defect, so it is important to know the potential defects that are out there and be on the look out for them. Construction defects can include mold and water intrusion issues; poor landscaping or soil problems; faulty drainage; cracks in the foundation, floor, walls or roof; faulty electrical systems; heating problems; dry rot; and structural failure, among others.

There is no one size fits all approach to construction, whether it’s a home, a retail center or an office building. Similarly, construction contracts need to vary depending on the conditions and environment. What works for one project may not fit the next, even when there are similarities in materials, purpose and location.

Construction is a business like any other, meaning that finances, investment and growth need to be central to your decision-making. While most contracts cover basics like cost, timeline and payment adequately, the language used in those sections can be a boon or a burden when issues arise. Universal, cookie-cutter contracts don’t offer much leverage or wiggle room when conditions change. Not many projects complete without a few adjustments along the way.