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
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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 
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
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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
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
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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
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
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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
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
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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.
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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:... View More
If the customer pays a partial payment is it smart to sign a waiver of lien?
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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.
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?
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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
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
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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
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
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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
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.
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
Can they do this? I have a signed contract. The job was 25000 and I’ve paid 12,000z
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answered on Jun 6, 2022
Your signed contract probably allows the service provider all types of increasing the price for changes, materials, etc. Hire an attorney to review the contract and possibly negotiate a lower increase in the contract price.
It’s a covered porch. Had to redo cement already. Is t building the roofline agreed to. I just want to cut my losses.
answered on Apr 7, 2022
Your contract would control whether you can fire him. If his lack of performance has materially breached your agreement, then you may have options. Consult counsel to determine your options.
Contractor is claiming substantial completion took place before there was a functioning bathroom in my new house while it was under construction. Contractor’s attorney questioned me extensively in small claims court about all the plumbing fixtures in the house which lead me to believe all... View More
answered on Dec 1, 2021
Substantial completion means that the owner can use the improvement for the use intended. See TCA 28-3-201. There is a lot of case law on the issue. There are exceptions, such as contract terms, change orders, etc. Consult a lawyer if you need help with your case.
1 insurance carrier owes us almost $20k going back to Labor Day 2020. Can we sue for that?
answered on Jul 22, 2021
If the insurer had agreed to pay for your work as opposed to the insured then the insurer may be liable. If your contract/ agreement is with the insured- and the insurer is supposed to pay the insured- then your customer may have to pursue the insurer and your remedy may be against your customer-... View More
The painter stacked a ladder on top of a scalpel to get on the roof after my husband advised him not to do so. While my husband was working on getting a ladder, the painter went on the roof and fell off the ladder that was stacked on the scalpel. He is now saying he is going to sue us. Are we... View More
answered on Feb 10, 2021
A Tennessee attorney could advise best, but your question remains open for a week. As a general matter, workers' comp is meant to cover such accidents. That does not mean someone would still not try to sue. It could be difficult to give a quick yes or no answer to your question based on the... View More
I am a 62 year old senior living in the state of TN between Knoxville and Athens, TN. I've been sent a bill charging more than double the time the serviceman/men spent actually doing the job. Also, they're charging me more than double what I could have spent on parts and more than 4... View More
answered on Dec 16, 2020
I would suggest you communicate in writing as well as orally your dispute to the contractor asking for an explanation of all charges. There may be an explanation - and the Contractor hasn't provided you with enough information. On the other hand there could be a mistake and you have been... View More
This is for a construction company not custody
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answered on Aug 13, 2020
Either the plaintiff is mixed up as to the respondent or you have misread something. Parenting Plans do not have anything to do with Construction Contracts or Business. The petitioner may be noticing you about a possible change to a wage garnishment, but again it should not include the Company... View More
He didn’t put me down for reckless. He said the ticket he wrote was the equivalent of distracted driving
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answered on Jun 1, 2020
Go to Court in a respectful manner. It will probably help to hire an attorney to represent you. If there is a way to lower the number of points against your MVR, he should be able to find it. Do not just pay it in the mail, as there should be a way to lessen the severity or even dismiss it.
I live in a private community subdivision and a certain builder has been constructing new spec homes without any provisions for containment or diversion of water runoff but the obligitary silt fence. Considerable runoff from these new construction sites has been flooding and damaging existing next... View More
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answered on Apr 24, 2020
Unless the affected property owners sue in Chancery for an Injunction and possible Damages, there is no deterrent to the builder. Such a suit is expensive and you will probably need an Expert Witness. And you could easily lose. This is always a problem with subdivisions with such small lots.
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