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Tennessee Construction Law Blog

What are required disclosures for sellers?

During a real estate transaction, there are certain disclosures sellers are required to provide. There can be important consequences for the failure to make required disclosures it is useful to be aware of, as it is helpful to be familiar with what types of disclosures are required in residential real estate and other real estate transactions.

What happens when there's a dispute over property boundaries?

When you purchase a piece of property in Tennessee, you probably have big plans for what you hope to do with the property. Maybe you just purchased a home for your family, or maybe you bought property on which you hope to construct your dream home. As the owner, it's important to know as much as you can about your property, including where the boundary lines are.

You may think you know where your property ends and your neighbor's begins, but boundary disputes arise all the time. Whether you want to erect a fence or your neighbor wants to build an addition to his or her home, it's in your interests to resolve these types of disputes in a timely manner. You have the right to fight to protect your property interests.

The different types of construction defects to watch out for

Construction defects can derail a construction project or detrimentally impact the value of a building or home that suffers from construction defects. Because of the significant impacts construction defects can have on a construction project, it is helpful for parties involved in a construction dispute pertaining to construction defects to be familiar with the different types of construction defects and what they can do about them.

Construction defects generally refer to when a building or home is not constructed in a reasonably workmanlike manner and the building or home fails to perform in a manner that is reasonably intended or expected by the buyer. Construction defects typically fall into four more broad categories including design deficiencies, subsurface deficiencies, material deficiencies and construction deficiencies.

Bankruptcy help when it is needed

When a commercial real estate project has not gone as planned, bankruptcy options may be able to help out. There are different types of bankruptcy protections and different bankruptcy options to consider and many can help when a commercial real estate project has fallen under water.

Which bankruptcy option is best depends on the goals of the party facing the financial difficulties and the situation and circumstances they are in. There are both personal and business bankruptcy options to consider which can sometimes overlap depending on how the filing party's affairs are structured. All bankruptcy protection options enjoy certain features in common that can help whenever a filing party is facing overwhelming debt and financial struggles they are unsure how to address.

Understanding construction law basics

Construction law resources are available to assist and protect parties involved in a construction project. It is important for anyone engaged in construction project for the construction of a new building or otherwise to be familiar with the construction law legal resources available to help them with a contract dispute, construction dispute or construction defect.

Additional areas of construction law apply to construction workers and workplace protections and regulate other aspects of the construction industry or construction projects. There is a list of terms that are relevant to construction law that it is helpful to be familiar with. Contractors play a significant role in a construction project, of course, but can also play a role in a construction dispute which can include contract disputes and construction defects. Contractors are typically required to be licensed.

Where homeowners with construction defects can turn

Construction defects can threaten the value, livability and safety of a family home or other type of property. Fortunately, the legal process can help homeowners resolve construction defects problems and concerns and ensure their interests in their home and investment are protected. Construction defects can undermine all of this and threaten the safety of the homeowner and the value of the home.

Construction defects can including faulty electronics and wiring in the home; the use of toxic substances or substandard drywall; improper installation of windows and doors; the failure to prevent erosion, including faulty retaining walls; errors in the construction of the foundation; and water leaks occurring internally or externally to the property. Overall, construction defects can relate to the work done on the property, materials used in the project or the planning that goes into it.

What you need to know about property disclosures

Selling your Tennessee home involves much more than just putting a for sale sign in the front yard and packing up your belongings. A real estate transaction is a major legal and financial transaction, and you will find it beneficial to learn about what you need to do as the seller. Knowing what to do will help you avoid disputes and complications down the road.

As the seller, one of the most important things you will have to do is tell a potential buyer certain things about your house. Required disclosures are an important part of that process, and if you fail to disclose certain things, it can lead to complications. You will need to know what types of things you have to disclose and what you can do to protect your interests as you seek to sell your property.

Resolving construction project disputes

A construction or building project is often long and complex, and it often involves close coordination between general contractor and the client contracting the work. To successfully compete a project, a general contractor and client need a clear definition of requirements and explanatory and consistent communications with all stakeholders as well as correct and complete construction plans/documents for the project.

But despite all the best laid plans, construction projects can go sideways or some cases wrong because of fundamental conflicts in design drawings, changes to building plans and increases in cost of materials or other reasons. You can see why a dispute can easily arise between a general contractor and a client.

What are some common title problems?

Title problems can hold up and negatively impact a residential real estate deal which is why it is important to know what to watch for and anticipate and what the common problems with a title are. You may wonder what those common problems with a title are and what can be done to fix them.

One type of title issue is an error in the public record which can cause challenges down the road to the unsuspecting home buyer. Errors in the public record can come about due to simple errors in filing or because of clerical errors. It is also important to ensure there are no unknown liens on the property that the home buyer is unaware of. Even if it is not their debt, the lien may still be placed on the property they come to own.

What are the different types of construction disputes?

Construction projects involve many different contract obligations and legal obligations it is important for the parties to a construction contract to be familiar with. They should ensure they are familiar with the various aspects of construction litigation and what to do if there's a construction dispute.

The parties commonly involved in construction transactions include owners, contractors, sub-contractors and other parties as well depending on the type and nature of the project. Concerns that come up during the course of a construction project that can lead to disputes include disputes over the scope of the work, plan or specifications; the scope of the worker agreed upon between the contractor and sub-contractor; subcontractor changes; and construction defects. Construction defect claims may be based on an alleged breach of contract or negligence.

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