Tennessee Construction Law Questions & Answers

Q: Can I fight the law that charges me for sewer even though I am not hooked up to sewer

1 Answer | Asked in Business Law, Civil Litigation, Construction Law and Consumer Law for Tennessee on
Answered on Apr 1, 2019
Anthony Marvin Avery's answer
You can hire an attorney to file a Declaratory Judgment Action against the County and State. It would probably be a Fifth Amendment based issue, but has little likelihood of success. The expense alone would exceed the the Sewer Charges for several years.

Q: Where would I find a law describing how I would get a permit to build a green way and other trails in my community?

1 Answer | Asked in Agricultural Law, Construction Law and Environmental for Tennessee on
Answered on Mar 25, 2019
Timur Akpinar's answer
A starting point could be to contact the Tennessee Department of Environment & Conservation. They have a Knoxville Environmental Field Office.

Tim Akpinar

Q: Me and a construction company are in one county, they damaged my car in a second county. In which county do I file suit?

1 Answer | Asked in Car Accidents and Construction Law for Tennessee on
Answered on Feb 27, 2019
Mr. James Charles Wright's answer
You can sue the Defendant either where the accident occurred or in the County where the Defendant is located.

Q: What exactly does misrepresentation of home improvement mean. Whsts been misrepresented?

1 Answer | Asked in Construction Law for Tennessee on
Answered on Jan 23, 2019
Timur Akpinar's answer
This sounds like something on which you should consult with a Tennessee attorney. I do not practice in Tennessee but your question remains open for 4 weeks. As a general matter, misrepresentation occurs when someone enters into a contract or transaction based upon statements or conduct made by the other side that turn out not to be true, for instance, "these building components have a certain fire rating," while it turns out they do not. Misrepresentations can differ by virtue of the mental...

Q: Where would I find various codes pertaining to rental structures and rights of a renter in the State of Tennessee?

1 Answer | Asked in Personal Injury, Real Estate Law and Construction Law for Tennessee on
Answered on Oct 28, 2018
Peter N. Munsing's answer
Talk to your local legal services /legal aid office. Ask for their housing attorneys. Tell them you just want to know if any in their housing unit are in private practice.

Contact members of the Tenn Assn for Justice who handle mold issues--they give free consults.

Short answer--the town or city would have their health code; state code you could find at the county law library.

Q: as an architect practicing in TN, can i put a lien on a property

1 Answer | Asked in Real Estate Law and Construction Law for Tennessee on
Answered on Aug 17, 2018
Anthony Marvin Avery's answer
Yes, architectural work that was actually used to construct a structure on real property is an improvement. As such, a Mechanic and Materialman Lien can be filed. Hire a competent attorney and be prepared to actually execute upon the Lien, or forget about it.

Q: New construction home contract! Our home is supposed to be completed in May 2018. We signed contract in October 2017.

2 Answers | Asked in Contracts, Real Estate Law and Construction Law for Tennessee on
Answered on Apr 20, 2018
Mr. James Charles Wright's answer
Your rights and remedies will be largely defined by your contract. You will need to review it or have a lawyer review it for you. Then you can decide on your best course of action.

Q: I entered into an agreement with a builder. He has stolen 100k+ and mis appropriated funds. How can I prosecute him?

1 Answer | Asked in Consumer Law, Contracts and Construction Law for Tennessee on
Answered on Oct 27, 2017
Leonard Robert Grefseng's answer
In very rare circumstances, there can be a "private prosecutor" - however, this will require the consent of the district attorney's office. You will want to meet with the elected District attorney in your district, not a deputy or assistant district attorney. Try to emphasize the number of people affected by this person's actions. Construction cases are often complicated and the DA are mostly concerned with crimes of violence and drugs. You have to convince them that a large number of VOTERS in...

Q: Can a contractor change a verbally agreed upon hourly payrate after I have completed the work?

1 Answer | Asked in Contracts, Employment Law, Business Law and Construction Law for Tennessee on
Answered on Jul 12, 2017
Leonard Robert Grefseng's answer
Any licensed contractor is subject to discipline from the State licensing board. The board has a process for hearing consumer disputes. I suggest you contact them. The legal principles fro determining whether a worker is an employee or independent contractor are the same- the key factor being the ability to control the details of the work.

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