Construction projects are expensive, multi-faceted projects involving numerous parties, complex contracts, and many regulations. Whether you’re a building owner or a contractor, understanding Tennessee construction law is key to ensuring your projects are successful and legally compliant.
In this blog, the team at Ralls & Wooten will delve into the key aspects of Tennessee construction law and provide valuable insights for both building owners and contractors.
Licensing and Permitting
Tennessee construction law mandates that contractors obtain the necessary licenses and permits before commencing construction. Building owners must verify contractors’ credentials to ensure compliance.
Contractors must hold licenses specific to their trade and abide by state and local regulations to avoid legal repercussions. Failure to do so can result in costly delays and penalties. We can help home and building owners take legal action when licensure delays or omissions cost them money or push back their completion dates.
Contracts and Agreements
Contracts form the backbone of any construction project. Building owners and contractors should be diligent when drafting and reviewing contracts.
Key components of construction contracts include project scope, timelines, payment terms, change orders, and dispute resolution mechanisms. Tennessee law enforces the principle of “good faith and fair dealing,” meaning that parties must act honestly and fairly throughout the project.
Unfortunately, it’s common for contracts to be violated, but even minor violations can be major disruptions for contractors and building owners. Our legal team has years of experience handling contract disputes in construction projects.
Mechanic’s Liens
One critical aspect of Tennessee construction law is the mechanic’s lien, which provides security to contractors and subcontractors for unpaid work. Contractors can file a lien against a property if they are not compensated as per the contract terms.
Building owners must be aware of these potential claims and take proactive steps to avoid disputes. Unpaid or underpaid work is shockingly common in construction, as are payments that arrive weeks or months late. Our lawyers work hard to ensure contractors get paid fairly and on time.
Dispute Resolution
Despite careful planning, disputes may arise during construction projects. Tennessee construction law offers several dispute resolution mechanisms, including mediation, arbitration, and litigation.
Building owners and contractors should know these options and choose the most appropriate method for their situations. At Ralls & Wooten, we have the dispute resolution experience to help our clients on both sides of building projects move forward quickly and amicably.
Builder’s Warranty
Homebuilders are required to give a 1 year warranty when constructing a new residential home. It is important to read and understand your warranty. Many contractors fail to provide a written warranty but are legally required to do so. It is important to make certain that you know how to contact the home builder if there is a warranty problem. Written warranties often specify a specific method for notifying the builder of the warranty claim. This is often an physical address or an email address. Make certain you follow the procedure contained in your warranty.
Contact Us with Your Tennessee Construction Law Needs
Navigating Tennessee construction law is a crucial aspect of any construction project. Building owners and contractors must be well-informed about the legal requirements, regulations, and best practices to ensure successful and legally compliant projects. By proactively addressing legal matters, you can minimize risks, avoid disputes, and ultimately achieve your construction goals in the Volunteer State.
If you need assistance with a construction law-related problem, you can count on our experienced legal team. As Tennessee-based attorneys, we know the state’s construction laws, and we put our knowledge and experience to work for contractors and building owners every day. Contact us anytime for a free consultation to learn how we can help.