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Tennessee Construction Law Blog

Construction contract negotiation tips

On behalf of The Law Office of Timothy H. Nichols, PLLC posted in construction on Friday, November 2, 2018.

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

On behalf of The Law Office of Timothy H. Nichols, PLLC posted in construction litigation on Friday, October 19, 2018.

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.

On behalf of The Law Office of Timothy H. Nichols, PLLC on Friday, October 12, 2018.

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

On behalf of The Law Office of Timothy H. Nichols, PLLC posted in construction litigation on Friday, October 5, 2018.

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.

The different types of construction defects claims

On behalf of The Law Office of Timothy H. Nichols, PLLC posted in construction litigation on Friday, September 21, 2018.

There are different legal options that may be available to help property owners when they have encountered construction defects on their property. Many construction projects involve contracts between property owners and contractors or between contractors and their subcontractors.

Construction litigation can arise in a variety of contexts and it is important to be able to address any context it arises in. A claim for construction defects can be based on a claim of breach of contract; breach of warranty; negligence; strict liability; or, in some cases, fraud or negligent misrepresentation. Though they may seem straightforward, breach of contract claims for construction defects can be complex which is why trained guidance can help property owners sort out and address their concerns.

Zoning basics for any real estate project

On behalf of The Law Office of Timothy H. Nichols, PLLC posted in residential real estate on Friday, September 7, 2018.

Familiarity with local zoning laws is important for any real estate project including residential real estate and commercial real estate projects. Zoning laws regulate the use of development of real estate which can have a significant impact on residential real estate or a commercial real estate project.

Zoning laws typically divide property into different categories and help keep property development uniform in those areas. Property may be divided into residential, commercial and industrial districts. Restrictions may also concern the types of dwellings such as single-family homes; multi-family dwellings; or townhomes. In some circumstances, mixed use areas that include commercial and residential may be zoned as well.

Help with the real estate process

On behalf of The Law Office of Timothy H. Nichols, PLLC posted in residential real estate on Friday, August 24, 2018.

Having trained guidance and help during the real estate process is never a bad thing. There can be a lot going on during the real estate process and a lot to know but knowing it can help ensure a positive residential real estate process overall.

Buying and selling a home can be easier with trained guidance to help usher a buyer or seller through the process. Knowing what to watch for in the process can be essential to completing a successful transaction and enjoying a positive home buying or selling process. For instance, a tax lien that goes undiscovered can place the new owner at risk of that debt and, on top of that, the tax lien could place the home in danger of foreclosure. It is also important to have trained guidance in real estate issues such as real estate closing and other specific areas related to home buying and selling.

Hiring an attorney to help draft your tenant agreement

On behalf of The Law Office of Timothy H. Nichols, PLLC on Friday, August 10, 2018.

As a landlord, you want to protect your rentable property. This involves keeping tenants happy, but you need to ensure that residents currently living in your home prove respectful and honest.

Drafting a rental agreement for your tenants by yourself may signify a disaster. You may find yourself confused with the process, forgetting certain terms, and you may even end up paying for damages your tenants caused. To protect yourself from a disagreeable tenant, you want to draft a leasing agreement with the help of an experienced attorney.

Legal options to deal with construction disputes

On behalf of The Law Office of Timothy H. Nichols, PLLC posted in construction litigation on Friday, August 10, 2018.

Construction litigation can arise in several different contexts and one of the those is because of construction defects. Construction defects litigation can involve property owners and builders or contractors, subcontractors and materials suppliers. Construction defects litigation may be because of faulty construction, a problem with the workmanship, an issue with professional services related to the construction project or with the quality of the materials used.

Construction litigation can be costly and challenging, however, construction defectives can also be costly and a headache for home owners and property owners. Understanding construction litigation and having trained guidance through the process can help. It is important that construction defects and the financial damages they often occasion are addressed and construction litigation resources can help home owners and property owners with that.

Materialmens' liens and how to protect against them

On behalf of The Law Office of Timothy H. Nichols, PLLC posted in construction on Friday, July 27, 2018.

Anyone engaged in a construction project should be familiar with what a materialmens' lien is. A materialmens' lien, sometimes referred to as a supplier's lien or mechanic's lien, is an important protection for subcontractors and materials suppliers on a construction project. It provides for a lien to be placed on the property if the subcontractor or materials' supplier is not paid by the general contractor.

While a materialmens' lien is an important protection for subcontractors and suppliers, it is also important for property owners to be familiar with. Even if the property owner paid the general contractor, if the general contractor fails to pay the subcontractor who performed the work or the supplier who supplied the materials, the property owner may be forced to pay twice or even sell the property. As a result, anyone engaged in a construction project should be familiar with materialmens' liens and how to prevent them.

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