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Construction law

defects

A construction defect is generally a deficiency in the design or construction of a building due to the failure to design or construct the building in a reasonably workmanlike manner (the minimally acceptable industry standard), or according to the owner’s reasonable expectation.

In Tennessee, a construction defect is recognized as a deficiency in the design, construction, or material of a building that does not meet the reasonable workmanship standards or the owner's expectations. The state follows the 'statute of repose,' which limits the time period during which a lawsuit for construction defects can be filed, typically within four years after substantial completion of the work. Additionally, Tennessee has a 'statute of limitations' that requires claims to be filed within a certain time frame after the defect is discovered or should have been discovered, generally within one to three years, depending on the specific circumstances. These laws are designed to balance the interests of property owners and construction professionals, ensuring that claims are made in a timely manner while also protecting professionals from indefinite liability. It is important for property owners to act promptly if they suspect a construction defect and for construction professionals to maintain high standards of workmanship to prevent such claims.

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Construction law

defects

Individual & Family Legal Plan

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Tennessee State Code

Tennessee State Code

Construction law

defects

Articles