Construction Defects in Tennessee: Types, Defenses, and Steps To Take if You’re Accused
As a construction professional, you take pride in delivering safe and dependable structures. However, sometimes, things don’t go as planned. At times, issues may emerge after a project has been finalized, ranging from structural failures to water leaks. These issues are commonly referred to as construction defects. When a construction defect arises, it can result in legal conflicts among property owners, engineers, architects, contractors, subcontractors, and other involved parties. If you are a construction professional in Tennessee facing a construction defect claim, it is vital to understand the basics, your possible defenses, and the steps to take to protect yourself.
What Is a Construction Defect?
A construction defect generally refers to a deficiency in the construction process. It could be a flaw in the materials, design, workmanship, or systems used in the building process. These flaws can make a building unsafe and reduce its value or utility. Some construction defects become noticeable soon after construction, whereas others may take years to become apparent. In Tennessee, construction defects may stem from negligence, breach of contract, or noncompliance with building codes.
Common Types of Construction Defects
There are various types of construction defects, including the following;
- Design Defects: These flaws arise from mistakes made by architects or engineers during the planning phase. Examples include a building that cannot hold the intended load and a roof with inadequate drainage.
- Material Defects: These occur when defective or substandard materials, such as faulty roof shingles or poor-quality concrete, are used during construction.
- Subsurface Defects: Issues related to the ground beneath the surface, such as insufficient site preparation, can lead to issues like foundation cracks and structural instability.
- Workmanship Defects: These are errors made during building that cause parts of the project to fail. Examples include improperly installed windows that permit water intrusion or uneven foundations, resulting in structural cracks.
Possible Defenses Against Construction Defect Allegations
If you or your company is facing allegations of construction defects in Tennessee, there are several legal defenses that you may be able to use, including the following;
- Statute of Repose
According to Tennessee law, a construction defect claim is time-barred if it is filed more than four years after substantial completion or improvement to the property.
- Owner Negligence or Contributory Negligence
If the defect is due to the property owner’s negligence (either partly or wholly). This can be a valid defense. For example, if the owner did not properly maintain the property, you could use that as a defense.
- Third-Party Liability
Another party could be partially or entirely to blame for the alleged defect. For example, you could shift the blame or share the blame with a subcontractor who performed faulty work or a manufacturer who supplied defective materials.
- Compliance With Industry Standards
If your work adhered to the accepted construction practices and building codes at the time of completion, this may serve as a valid defense.
What To Do if You’re Facing a Construction Defect Allegation
If you have received notice that someone has filed a construction defect claim against you, the following are the steps to take;
- Notify your insurance company immediately
- Review contracts and warranties
- Maintain comprehensive documentation
- Engage a qualified attorney
- Consider mediation or alternative dispute resolution (ADR) methods
Contact Us for Legal Help
If you’re facing a construction defect claim, contact our Knoxville construction law attorney at Reynolds, Atkins, Brezina & Stewart, PLLC, for help defending yourself.
Source:
advance.lexis.com/documentpage/?pdmfid=1000516&crid=c9fd8a66-d82f-4f41-b208-2ef9490db360&nodeid=ABCAADAACAAC&nodepath=%2FROOT%2FABC%2FABCAAD%2FABCAADAAC%2FABCAADAACAAC&level=4&haschildren=&populated=false&title=28-3-202.+Limitation+of+actions.&config=025054JABlOTJjNmIyNi0wYjI0LTRjZGEtYWE5ZC0zNGFhOWNhMjFlNDgKAFBvZENhdGFsb2cDFQ14bX2GfyBTaI9WcPX5&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A4X8J-5HC0-R03J-M052-00008-00&ecomp=6gf5kkk&prid=e4590ab9-fc69-4901-be15-86424ab23f50#:~:text=28%2D3%2D202.%20Limitation%20of%20actions.
