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Tennessee Construction Law Questions & Answers
2 Answers | Asked in Business Law, Construction Law, Contracts and Government Contracts for Tennessee on
Q: Do I need a contractors license to bid on a contract in TN if I am only providing materials?

I sell traffic control devices and want to bid on a contract with the county in TN. The price will be above $25,000. Do I need a contractors license to bid if I'm not providing a service? I am a wholesale company only. If so, which contractor license would I need?

Tim Akpinar
Tim Akpinar
answered on Mar 30, 2024

A Tennessee attorney could advise best, but your question remains open for three weeks. Attorneys here aren't likely to know this off the top of their heads. It might be more reliable to check with the purchasing/procurement department manager of the county - it could depend on how they wrote... View More

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2 Answers | Asked in Business Law, Construction Law, Contracts and Government Contracts for Tennessee on
Q: Do I need a contractors license to bid on a contract in TN if I am only providing materials?

I sell traffic control devices and want to bid on a contract with the county in TN. The price will be above $25,000. Do I need a contractors license to bid if I'm not providing a service? I am a wholesale company only. If so, which contractor license would I need?

Henry Ambrose
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answered on Apr 8, 2024

If you are only selling them the device, that should not expose you to Tennessee contractor laws. But if you are performing any work, or paying someone else to perform the work for the installation you probably are subject to the contractor statutes. This question is pretty complicated and will be... View More

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1 Answer | Asked in Real Estate Law and Construction Law for Tennessee on
Q: I bought a home in Tennessee closed on September 29 2021. The home inspector lied about cracks in foundation.

The Retailor suggested the home inspector company Chattanooga Home Inspector. Now I am finding multiple foundation cracks that were DYI sealed.

Anthony M. Avery
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answered on Nov 13, 2023

Did seller give you a residential disclosure statement? Read it verbatim and see what it says about the foundation. 1 year SOL from fraudulent execution of statement. Hopefully agent signed it also, for an additional defendant. But you will need to track down seller: location; bank; job.... View More

2 Answers | Asked in Civil Litigation and Construction Law for Tennessee on
Q: Contractor didnt pull permits while installing sub panel home burnt down due to breaker box being over loaded law suit?

Installed new hvac system breaker box was full so they installed a sub panel. Didn't now have permits nor inspections. Our home burns down 5 months later fire dept and investigators deem our breaker box was over loaded them not get a permit nor a inspections is this a law suit

Anthony M. Avery
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answered on Feb 22, 2023

Better start checking out the financial and asset status of your probable defendants. If insurance is involved, the carrier will have subordination rights. Proving your cause of action for negligence and proximate cause will be difficult, so get opinions of what happened in writing if... View More

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1 Answer | Asked in Construction Law and Real Estate Law for Tennessee on
Q: Is there a window of time that a contractor has to foreclose on a lien filed in TN? It’s been 8 yrs since it was filed.

The lien was filed by a contractor who was paid in full by the insurance company after a rebuild from a fire. He didn’t have the capital to continue after the first draw was received so we wrote letters to the insurance company to secure funds to continue several times. The job wasn’t completed... View More

Anthony M. Avery
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answered on Feb 20, 2023

Best advice is to hire an attorney to draft a M & M Lien Release, and a demand letter. Send it to all possible addresses of contractor, as personal service may be a serious issue. If refused, then file suit to declare the lien extinguished for not being executed upon in the statutory... View More

1 Answer | Asked in Construction Law and Criminal Law for Tennessee on
Q: How can I take care of a charge like this ? I have already sent payment back to the homeowner,

I never blew him off or avoided him , he sent a demand letter to return his money I got it but didnt see it for a couple weeks my kids brought it in and threw it on the counter , a warrant has been issued and I want to take care of this without my name being anywhere because of it as I do run a... View More

Anthony M. Avery
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answered on Dec 19, 2022

You did not say if it was a criminal or civil warrant. With civil, just make sure the check cashes and you go to Court to have it dismissed, probably with you also paying costs. On Criminal, hire an attorney to get it Diverted, Dismissed and Expunged. Do not try to pay directly again, but make... View More

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Tennessee on
Q: What legal claim, if any, do we have against the builder?

We are waiting to get back topo + boundary surveys but, according to the GIS, our brand new build (and all our neighbors brand new builds) were built on (or *way* over) each other's property lines. It's not like the builder got the whole plan shifted x amount of feet, everyone's... View More

Anthony M. Avery
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answered on Nov 9, 2022

Either a 3 year or 4 year Statute of Limitations probably applies to your cause of action. Hire an attorney now to examine the builder's, seller's and/or surveyor's negligence. Hopefully you have not busted the SOL. Boundary Line Agreements for adjoining landowners are... View More

1 Answer | Asked in Constitutional Law and Construction Law for Tennessee on
Q: Can a homeowner sue me for poor work even after the warranty is up and they refused me the right to fix it.
James L. Arrasmith
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answered on Sep 12, 2024

Yes, a homeowner can sue you for poor work even after the warranty period has expired, depending on the circumstances. If the work was done negligently or did not meet the standards agreed upon in the contract, the homeowner might still have grounds to file a lawsuit. The key issue is whether there... View More

1 Answer | Asked in Construction Law and Health Care Law for Tennessee on
Q: can a hospital file a lien on a minor ?

my son was in an accident in March, I received a Hospital Lein yesterday in the mail. My insurance company has not been notified or sent the bill.

Anthony M. Avery
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answered on Jul 29, 2024

Yes...Apparently the hospital thinks the child may have a personal injury action against someone. You might want to talk to a lawyer.

1 Answer | Asked in Construction Law and Contracts for Tennessee on
Q: Can a company ask me to do more than what stated on the contract then threaten to hit me with a chargeback.

I'm in contractor by trade. I install sunrooms for this contract. Sometimes when I install sunrooms there's more work then installing a sunroom. This particular contract stated that the sunroom needed insulated tongue and groove flooring. I installed insulation and T&G flooring,... View More

Henry Ambrose
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answered on Apr 8, 2024

If you did not receive instruction to install the 1/4" board, I don't see that you are at fault. I'm guessing they are refusing to pay you for your work. If they do this, call a lawyer who practices construction law in your area.

2 Answers | Asked in Contracts, Products Liability, Real Estate Law and Construction Law for Tennessee on
Q: I bought a new home here in Crossville in August, '23. Now builder is refusing to honor 1 year warranty. What can I do?

Have had several issues come up which builder has addressed. However, he has refused to finish. For instance, house is settling which caused doors to not close properly and a crack in an interior wall. He fixed doors, but has not fixed the crack. Also, there is a retaining wall in our front yard... View More

Anthony M. Avery
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answered on Mar 27, 2024

Hire a lawyer to sue on the warranty all liable parties.

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1 Answer | Asked in Contracts and Construction Law for Tennessee on
Q: Got bill from a contractor, 8 days later was served a summons to appear for lawsuit for nonpayment.

Already paid 50% deposit, thought it couldn't be more than 33%, only 2nd bill i received. Work was not acceptable & couldn't come to agreement of how to fix. This is in Hamilton county TN getting sued for nonpayment $2200 already paid $2200. Thought i had to be notified by certified... View More

Anthony M. Avery
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answered on Feb 29, 2024

Hire a TN attorney to represent you now. A Default Judgment will be alot more, and presenting defenses to a debt in Sessions Court can be confusing.

1 Answer | Asked in Construction Law and Criminal Law for Tennessee on
Q: Theoretically speaking , if i own a small business construction business and a employee takes things and we both r arres

Arrested How does one get himself out of it if the other won’t take his charge

Anthony M. Avery
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answered on Jan 25, 2024

Hire an attorney to prepare for a Preliminary Hearing. If facts look bad, consider asking for diversion after restitution, even though you stole nothing. A conviction will hurt you for the rest of your life.

1 Answer | Asked in Construction Law and Contracts for Tennessee on
Q: I operate a small business and have a signed contract for work completed. The customer will not pay the full amount.

If the customer pays a partial payment is it smart to sign a waiver of lien?

Anthony M. Avery
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answered on Aug 7, 2023

That is your decision.. But you will not be able to file a M & M Lien, and probably will not get paid anymore. Suit now, or better, filing the Lien now, will probably yield better results.

1 Answer | Asked in Civil Litigation and Construction Law for Tennessee on
Q: We recently found out them the company we hired to build a garage for us is not licensed in the state of Tennessee.

When we hired them we were still living in Illinois. The work that has been done has been delayed and is shoddy. The had us out more than 50 % down. Do we have any recourse?

T. Augustus Claus
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answered on Jul 12, 2023

In a situation where you hired a company to build a garage and later discovered that they are not licensed in the state of Tennessee, there may be potential recourse available to you. Reviewing the contract you have with the company can help determine if there have been any breaches of contract.... View More

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Tennessee on
Q: Can I force a home improvement contract to be broken when the contractor made an admitted measurement mistake?

I ordered replacement windows. The contractor stated he did not note that the exterior measurements were different from the interior measurements. The option is to cut the brick around my windows which I do not want to do. They will not break contract for a refund and will not honor warranty... View More

Henry Ambrose
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answered on May 22, 2023

You should consult a lawyer who practices construction law and is familiar with the licensing requirements and work. From your description, the contractor made a mistake and you should not have to pay for his mistake. You seem to have bargained for something other than what they are offering to do... View More

1 Answer | Asked in Consumer Law and Construction Law for Tennessee on
Q: I had A home built but it has major problems with foundation and roof and electrical. I filed a complaint with Tn Board

The contractors board seems to not care about the damage this guy has done to my home. They continue to issue him , license under different names and addresses. But I found out yesterday that he forged my electrical permit and he is not even license to do electrical work but he did the entire... View More

Henry Ambrose
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answered on Mar 1, 2023

It sounds as if the contractor may not be properly licensed or doing work he is not licensed to do. This may violate the contractors licensing statutes and the Tennessee Consumer Protection Act. The TCPA allows for treble damages and attorney's fees. This can get pretty complicated --- you... View More

1 Answer | Asked in Construction Law for Tennessee on
Q: I have a contractor who refuses to install multiple items in accordance with standard practice. What recourse have I?

Biggest items are:

i) roofing metals not installed with solid sheeting for an insulated space;

ii) grinder pump not installed with required access and backfilled with rocks; and

iii) siding installed nailed to the external ply.

John Michael Frick
John Michael Frick
answered on Mar 1, 2023

Refuse to accept the non-conforming work

Give the contractor notice and a reasonable opportunity to cure

Hire another contractor to perform or complete the work

Deduct your cost of the new contractor from the price you agreed to pay the original contractor

1 Answer | Asked in Construction Law, Personal Injury and Criminal Law for Tennessee on
Q: My husband works in downtown nashville in construction. He found all his equipment doused in port-a-potty water today

This was done by a different company maliciously against him specifically. His equipment is ruined and he unfortunately came into contact with the fecal waste. What can he do regarding this? He has evidence and samples to prove this was the case. Can’t find specific TN law or osha regulation for... View More

Anthony M. Avery
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answered on Aug 30, 2022

That is a possible Vandalism Criminal Charge. Call the Police. A civil warrant for Property Damage could be filed in General Sessions also. There may have been witnesses or even video. It will take admissible proof to go after them.

1 Answer | Asked in Consumer Law, Construction Law and Contracts for Tennessee on
Q: What is the max amount of a deposit a contractor can require down from a customer in TN
Henry Ambrose
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answered on Aug 11, 2022

You should probably consult a lawyer to review the contract. If any part of the agreement seems questionable you should make sure of what you are being asked to sign before you sign. There might be more problems than you notice.

Also look at the State of Tennessee website:...
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