Tennessee Construction Law Blog

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.

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.

The are different ways that homeowners may buy a home so it is helpful for them to be familiar with what their options are. One option is a short sale but potential homeowners may have many questions about what a short sale is and if it is a good option for them.

Short sales are one residential real estate option for potential home purchasers to consider which can present a good value in some circumstances. One of the challenges associated with a short sale, however, is that they can take a longer period of time than a typical residential real estate sale. A short sale occurs when the lender to the seller has agreed to accept a reduced purchase price to release the existing mortgage on the property.

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.