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Tennessee Construction Law Blog

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.

Legal guidance through construction disputes

Construction disputes can come up at different times during a construction project. As a result, it is important for parties to the construction project to know how to handle them. Legal resources and remedies are available to help those in the middle of a construction or contract dispute resolve their concerns.

A construction dispute can take time and money so it helps to be familiar with legal resources available to help the parties resolve any construction dispute they may have or that may come up. Depending on the circumstances, and the goals of the parties related to the outcome they are seeking, different legal resources may be the most appropriate to address the concerns of the parties. This can include negotiation, mediation, arbitration or litigation options.

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.

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