Construction Law and Construction Defects

Construction Litigation/Lien ClaimsPepper Law, PLC is an experienced construction law and construction defect law firm with Nashville construction lawyers who represent general contractors, subcontractors, material suppliers, and homeowners in construction and construction defect litigation, mediations and arbitrations in Nashville and other parts of Tennessee. In any construction litigation, arbitration or mediation matter, whether it involves a failure to pay, failure to complete work, defective work, or mechanics and materialmens’ lien, you need a law firm that understands the intricacies and potential pitfalls of Tennessee construction laws, lien laws, construction licensing laws, warranty laws, and breach of contract laws.

We have over 25 years of experience representing clients in construction, construction defect, construction lien, and home improvement contract cases in Nashville and other parts of Tennessee. Obtaining successful results in construction and construction defect litigation, arbitration and mediation requires that you hire a lawyer or law firm that is experienced, dedicated, and understands how to fight construction cases by employing technology, staff, credible and persuasive expert witnesses, excellent trial, arbitration, and advocacy skills, and a thorough understanding of construction law, including knowledge of all the latest court decisions and statutes which apply to construction cases.

We are trial lawyers, and will thoroughly prepare your case for trial, or arbitration. We also understand the costs, both financial and non-financial, which can burden an individual or business involved in a construction case. We will strive to obtain the most cost efficient result for your company or you. We will communicate with you promptly and timely about developments and available strategies for your case.

The types of construction cases our Nashville construction lawyers handle in Nashville and other parts of Tennessee, for both commercial and residential structures, include those involving:

  • Defective design
  • Defective or non-conforming work (defective construction)
  • Defective materials and supplies
  • Failure to pay
  • Incomplete work or contract termination
  • Equipment failures
  • Extra work and change orders
  • Surety and bond claims
  • Improper licensing
  • Project or work delay
  • Differing site conditions
  • Mechanics and materialmens’ liens
  • Lien enforcement
  • Prompt Pay Act
  • Withholding of retainage
  • Lost profits

Pepper Law, PLC will provide you with an initial consultation at no charge for your construction case whether it involves a project or structure in Nashville or any other part of Tennessee.

Relevant Tennessee Construction and Construction Related Law

MECHANICS AND MATERIALMENS’ LIENS: In Tennessee, contractors and subcontractors are given certain lien rights with respect to real property and improvements on which they have performed work or with respect to which they have supplied materials or equipment. These lien rights are referred to as mechanics’ and materialmens’ liens (or sometimes as “construction liens”). A mechanics’ and materialmens’ lien can be used to compel the payment for a contractor’s or subcontractor’s work, including labor, materials, services, equipment, machinery, overhead and profit.

The filing of a mechanics’ and materialmens’ lien can also ensure that a contractor or subcontractor receives payment of its debt from the proceeds of the real property upon which it performed work or for which it provided materials. To meet the time deadlines and filing procedures required to have your lien be effective and enforceable, you need to retain the services of a lawyer or law firm familiar with the complex lien laws which are in effect in Tennessee. We have been representing contractors and subcontractors in mechanics’ and materialmens’ lien cases for over thirty years.

STATUTE OF LIMITATION, STATUTES OF REPOSE, AND FRAUDULENT CONCEALMENT: The Tennessee statute of limitation which is applicable to construction defect cases and home improvement defect cases is three years. When the three year period begins to run, or “to accrue,” depends on the unique facts of each case. Typically and generally, the statute of limitation begins to run or to accrue when the construction defect is discovered or reasonably should have been discovered.

In Tennessee, construction defect cases are subject to a statute of repose of four years. Generally speaking, except in cases of fraudulent concealment, a construction defect claim is barred, regardless of when the defect is discovered, if not brought within four years of substantial completion of the improvement. Where the parties’ contract requires a claim to be made or filed sooner than required by the statute of limitation, a claim may be barred if not made or filed by that time. (You should not make any conclusions about the deadline for filing or making your claim based on information in this website until you have obtained the opinion of an experienced construction lawyer or law firm).

WARRANTIES: For residential construction and home improvement construction, owners and homeowners are benefitted, in Tennessee, by implied warranties. If the contractor and owner have not agreed on any standard for the work or on any warranty terms, nevertheless, the contractor (or subcontractor) must perform its work in a workmanlike manner and in a manner that leaves the owner’s home free of major structural defects.

PROMPT PAY ACT: In 1991, Tennessee enacted the Prompt Pay Act. Under that Act, general contractors, subcontractors, and materialmen may recover, in addition to amounts otherwise owed to them, attorneys’ fees and interest in certain circumstances where they have not been paid for their work or materials. Generally speaking, the Act does not apply to most residential construction and home improvement projects. The Act contains detailed provisions regarding the withholding of retainage. The Act requires retainage to be deposited into an escrow account for commercial construction contracts in an amount of $500,000.00 or more. The Prompt Pay Act contains many other provisions which might be relevant to any particular construction matter.