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Tennessee Construction Law Blog

Construction & contracts: A lawyer can protect your interests

A contract is, in its most basic sense, a written agreement that outlines the expectations of each party. When it comes to construction projects, these agreements can cover issues that range from relatively simple timeline expectations to more complex liability concerns.

Are there issues that are unique to construction? In short, yes. The construction industry is unique amongst the business world. As such, it is beneficial to have an understanding of some of the issues that can arise during a construction project.

When should I sue a construction contractor?

Before running down to the courthouse to file suit after one failed attempt to settle a dispute with a construction contractor, or any party for that matter, there are a few things to think about.

First, and probably most importantly, are you suing a company or individual from whom you can collect proceeds should you win your case? To answer this question, consider the financial state of the party being sued. Is the business bankrupt? Does the individual have provable income? Can they be located? Are there any assets in their name that could be seized? If the answer to all of these questions is no, then suing would likely be a waste of time. Ever heard the saying "you can't get something out of nothing?" It applies here.

Your window of opportunity to file a defective construction claim

Construction can be a frustrating process. Whether you’re building your dream home or renovating your business, the process can disrupt your life for months on end. When the project is finally over, you’re eager to settle back in and resume normalcy.

If you discover after the fact that there was a construction defect, however, you have a whole new headache to deal with. Under Tennessee Code Title 28, you have the right to file a claim against your contractor if you discover a construction defect within four years of substantial completion of the project. But what does “substantial completion” really mean?

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