What can contractors do about alleged construction defects?

Hiring a contractor or design professional for a Tennessee construction project is done with certain goals in mind. People want their vision to be made reality. It is unfortunate if a construction project is completed and there is unhappiness with the outcome or allegations of outright defects. Before getting angry and confronting the contractor directly, it is wise for people who are dealing with this issue to understand the law and what the company is legally obligated to do. Then the decision can be made as to whether negotiation or litigation is the wisest course of action.

What must be in the contractor’s written response to a claimant’s complaint?

There are time constraints regarding a claimant asserting there is a defect to remedy and the contractor’s reply. The contractor can do one of three things after being informed of a defect. These are offering to remedy the defect for free; compromising to settle the claim financially; or disputing the claim.

Some contractors might assess the alleged defect, determine that it is a reasonable complaint and fix it without cost to the claimant. With the offer to make the requested repairs, there must be a report of the details of the inspection, what was found, and what corrections and repairs must be made to satisfy the claimant. In other cases, the sides can negotiate and compromise with a financial agreement. This will be paid within 30 days of the claimant accepting the offer. These are the easiest solutions.

The contractor can also refuse to fix the alleged issue. Perhaps there is a viable explanation for what is said to be wrong or the contractor adhered to the desires and written requests of the claimant and sees no reason to make any changes. When the sides are at an impasse and cannot agree on a solution, litigation will likely be necessary to settle the case.

Experienced representation can help with construction defect claims

Dissatisfaction with the result of a construction project is unfortunately common. Still, that does not mean there is no room to agree as to how it can be addressed and completed as requested. Construction companies and clients should be aware of the law regarding allegations of defects and how they can be remedied. Having experienced advice from professionals who understand construction litigation can be helpful to deal with these matters whether it can be negotiated or a court case is needed.


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