According to the Construction Industry Institute, “rework” represents up to 20% of the cost of an average construction contract. Consumers should not have to pay extra to have shoddy workmanship fixed, but this is an unfortunate reality that many face. While it might be easy to address these issues while construction is still in process, what happens if these construction defects only become obvious many years later? In this situation, victims might wonder whether they can sue a contractor. To explore this subject in more detail, consider speaking with an experienced civil litigation lawyer in Tennessee. During a consultation with one of these lawyers, a victim may determine whether they can sue a contractor. Continue this conversation by contacting King Law Offices at (888) 748-5464. Outside of Tennessee, we also serve clients in North Carolina and South Carolina.
Examples of Construction Defects in Tennessee
What kinds of construction defects can lead to lawsuits in Tennessee? There are many examples, and it all depends on the specifics of the construction project. A contract might involve the construction of an office building, a primary residence, a barn, or something much more complex, like a theme park. These different types of projects may all involve various defects that can cause distinct issues for owners, visitors, and customers. The Tennessee Building Code outlines a vast number of potential construction defects. That being said, a few construction defects are particularly common:
An issue with the foundation can lead to serious issues with a structure. If these foundation problems are serious enough, the entire structure may need to be demolished and rebuilt. A poor foundation can also make a structure more vulnerable to environmental hazards like hurricanes, sinkholes, and flooding. In some cases, faulty foundations cause structures to be destroyed by these environmental factors. All buildings require tight seals and adequate insulation. This is important not only to prevent leaks and mold, but also to lower air-conditioning and heating costs. Another serious issue might involve problematic electric wiring performed by an electrician. These problems can be dangerous, and in some cases, they can cause fires that completely destroy structures. These are only a few potential examples of construction hazards, and there are many others to consider. Victims should discuss their unique challenges with King Law Offices to determine whether they can sue a contractor.
The Statute of Repose in Tennessee Determines Whether You Can Sue a Contractor
When determining whether to sue a contractor, one of the first things to consider is the statute of repose in Tennessee. Similar to the statute of limitations for personal injury claims, this law prevents victims from suing contractors after a certain amount of time has passed. After the construction project has reached a state of “substantial completion,” a consumer has four years to sue a contractor. If this time limit expires, legal action becomes impossible.
In this context, “substantial completion” has a very specific legal definition. This is the point in time when the property becomes usable. If the project is reworked, then a property owner might be able to move back in or resume operations after this point of substantial completion. If the contract involves the construction of a new structure, substantial completion might allow the consumer to use the structure for the first time – either as a personal residence or a business. Unlike the statute of limitations, it does not matter whether the victim was “aware” of the construction defects or not. A property owner might only learn of a faulty foundation ten years after the completion of the project. Despite this lack of awareness, legal action would still be impossible due to the expiry of the statute of repose.
The Contractor Has the “Opportunity to Cure” Before You Can Sue
If the statute of repose has not yet expired, Tennessee law gives contractors one last chance to fix their mistakes before litigation begins. This is called the “opportunity to cure.” Under this law, contractors have the right to fix their construction defects and avoid lawsuits. This is also called the “right to repair.” Although this might seem like a time-consuming delay, avoiding litigation is generally in the best interests of all parties. A victim might not want a contractor to do any more work on their property, especially if they have already caused significant damage. But with the threat of litigation, a contractor is usually more incentivized to correct their mistakes and provide satisfactory results.
How to Sue for Injuries Caused by Construction Defects
If the construction defects lead to injuries, victims may have the right to file personal injury lawsuits against contractors. In this situation, the statute of limitations applies rather than the statute of repose. While both forms of litigation occur in civil courts, a personal injury lawsuit follows different rules and procedures. Victims must prove negligence, and they must establish a causal link between the construction defect and the injury. In addition, they must prove that the contractor was responsible for the defect and that it was not pre-existing.
There are numerous examples of injuries caused by construction defects. A victim might fall down a staircase that falls apart beneath them. Perhaps they suffered disfiguring burns due to an electrical fire caused by defective wiring. Maybe they developed a severe respiratory issue after years of inhaling mold, and they discovered that this mold was caused by a defective, leaky roof. Whatever the case may be, various construction defects could lead to personal injury lawsuits in Tennessee.
Learn More About Construction Defects With King Law Offices
Construction defects in Tennessee can lead to various losses and damages. These include not only the financial cost of rework, but also potential injuries caused by unsafe, ramshackle construction. Victims of these issues have the right to explore their legal options alongside Tennessee civil litigation lawyers. While online research represents a positive first step toward compensation and closure, no amount of reading will provide results. Victims of construction defects in Tennessee who want to move forward should take real legal action alongside King Law Offices. During a consultation with our law firm, a victim can determine whether it is possible to sue a contractor. Continue this discussion by contacting us at (888) 748-5464. We serve clients in Johnson City, Tennessee – plus North Carolina and South Carolina.
