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Tennessee Construction Law Blog

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.

Litigating a construction defects claim

When a homeowner or other property owner discovers construction defects, it can be alarming and of significant concern. Fortunately, the laws concerning construction defects protect them and can serve as an important resource to ensure they are addressed.

Litigation for construction defects is a fairly common process, as construction defects litigation is one of the most common type of construction litigation. Faulty construction claims between property owners and general contractors are the most common type of construction defect litigation but construction defects litigation can also arise in the context of disputes between contractors, subcontractors and materials suppliers regarding the quality of the work performed or the materials used.

What to include when writing a contract

This blog recently discussed contract negotiation tips to ensure the interests of the parties are protected as part of a successful business transaction. In addition to contract negotiation tips, it is also helpful to understand the components of a contract and what should be included during the process and in the contract so that parties can protect their interests.

A construction contract should include certain component parts. There are, of course, legal requirements associated with a valid contract that parties to the contract should be familiar with. In addition to those requirements, it is also important that the contract is in language that is understandable to the parties and accurately reflects the agreement between the parties.

Construction contract negotiation tips

Contracts are a common aspect of business transactions and are common in the context of construction. Because of the important role they play in a construction process, it is important to be familiar with the contract negotiation process and what to expect from each phase of the process.

Some tips can help when property owners or homeowners are negotiating construction contracts. Knowing how to negotiate and draft a contract can help protect the interests of the parties and can help avoid disputes down the road. Some tips for negotiating contracts and a construction contract can help. To begin with, it is important to have clear goals for the process. It is also important to do thorough research prior to entering negotiations.

Answers to questions about construction defects

Problems with construction defects can feel overwhelming and bring up a variety of concerns and costs. A construction defect is a condition in a home that can reduce the value of the home and create problems for homeowners which is why they should understand how to protect themselves.

Construction defects can be immediately obvious or may not be discovered until later which is referred to as a latent defect. Construction defects can be caused by a variety of reasons including poor workmanship or inferior construction materials. Construction defects can arise because of improper analysis or preparation of the soil; problems with the construction site selection or planning of the project; problems with the civil or structural engineering; negligent construction; or defective building materials.

Contractor on a hotel project? Consider these issues.

A construction project can be a stressful process. The construction of a hotel can make things even more complex. As a contractor hired for a new hotel project, you might find yourself unsure of what to tackle first or maybe you suffered an unfortunate experience in the past that you don’t want to repeat.

Consider four potential problem areas before you start your next hotel project:

Legal resources for any real estate concern

In the world of real estate, there are many issues to manage, concerns that come up, parties to work with and legal requirements to consider. This is true in circumstances of residential real estate or commercial real estate, whatever the case may be and whatever help may be needed.

Real estate disputes involving homeowners, property owners, realtors, landlords, tenants, homeowner associations and condo associations may all arise in the course of daily life or business. Homeowners and parties to a real estate transaction may need help enforcing real estate contracts; addressing construction defect concerns; addressing boundary or easement disputes; addressing land use and zoning disputes; addressing eminent domain and condemnation concerns; enforcing restrictive covenants; and handling landlord-tenant disputes.

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