The ability to bring a claim for construction defects is important for any building owners who have discovered defects on their property. Because there are also important timelines and deadlines associated with bringing a claim for construction defects, it is important to understand what those are and what the laws are in the state the property owner is seeking to bring the claim in.
Construction litigation may be brought against architects, designers, contractors and subcontractors to recover damages for a construction defect. Construction litigation can be complex and may be based on legal claims for breach of warranty, breach of contract or tort claims such as negligence. Statues of limitation determine how long the property owner has to bring a construction defects claim after discovering the defect or after they should have discovered it which is why it is essential to be familiar with what the timelines and deadlines are.
There are different types of limitations in construction law including statutes of limitation and statutes of repose. Statutes of limitation govern how long the property owner has to bring a claim for damages once the defect is discovered and statutes of repose provide an outer limit from the completion of the construction project for how long the property owner has to bring a claim. In general, Tennessee’s statute of limitations is 6 years if the claim is based on a breach of contract and the statute of repose is 4 years but may be extended.
Construction laws are complex and the laws associated with timelines and deadlines are no different. Because they cannot be missed, it is important to have trained guidance generally to navigate a claim for construction defects or other construction litigation.