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Tennessee Construction Law Questions & Answers

1 Answer | Asked in Construction Law for Tennessee on

Q: I had siding installed on my house. Is the leftover material mine as i have a use for it.

Tim Akpinar answered on Jul 26, 2019

The most practical approach would be to send the contractor an email asking them if they want the siding left over from the job. If they tell you it's yours, you don't have to worry about future disputes over using material that they might have planned to come back and pick up. Good luck... Read more »

1 Answer | Asked in Construction Law and Land Use & Zoning for Tennessee on

Q: is a new development liable for damage they cause to my property? flooding from raised elevation?

Paul E. Tennison answered on Jul 24, 2019

Depending on more facts, yes they could be. I recommend you consult with an experienced construction law attorney to determine what your legal options are in this situation. Good luck.

1 Answer | Asked in Construction Law and Consumer Law for Tennessee on

Q: had siding installed on my house. Is the leftover material mine as i have a use for it.

Tim Akpinar answered on Jul 15, 2019

While it's possible to legally analyze this from the standpoint of whether the material was abandoned, what did the contract say about leftover material, etc., it could be more simple and practical to look at it as a matter of common courtesy. Send the contractor an email, and if they reply that... Read more »

1 Answer | Asked in Business Law, Civil Litigation, Construction Law and Consumer Law for Tennessee on

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

Utility District Law of 1937, Tennessee, Ann. §§ 7-82-101,

Anthony M. Avery answered on Apr 1, 2019

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.

1 Answer | Asked in Agricultural Law, Construction Law and Environmental for Tennessee on

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?

I would like to build various trails on unused land that can not be accessed by roads and are owned by the government. Where would I look and how would I obtain a permit to build this in my community?

Tim Akpinar answered on Mar 25, 2019

A starting point could be to contact the Tennessee Department of Environment & Conservation. They have a Knoxville Environmental Field Office.

Tim Akpinar

1 Answer | Asked in Car Accidents and Construction Law for Tennessee on

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?

Their negligence caused damage to my car and they are refusing to pay, despite me having abundant evidence. I live in Knox County and the company is also based in Knox County, but the construction and the damage was done in Anderson county. Do I need to file suit in Knox or Anderson county?

Mr. James Charles Wright answered on Feb 27, 2019

You can sue the Defendant either where the accident occurred or in the County where the Defendant is located.

1 Answer | Asked in Construction Law for Tennessee on

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

My husband and i own a small construction business. He was recently charged with " misrepresentation of home improvement" but nothing was ever misrepresented and the charge doesnt specify whst he is being accused of misrepresenting. He is not a general contractor but that is specified in the... Read more »

Tim Akpinar answered on Jan 23, 2019

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... Read more »

1 Answer | Asked in Contracts and Construction Law for Tennessee on

Q: I’m a contractor in Tennessee, when clients cancel after the 3 day ‘cool off’, is it legal to charge a cancellation fee?

I’ve had a few that cancel after the 3 day cancellation period, after we’re ordered materials but before they’ve been delivered to the job site. Due to the lost time for paperwork and the design process, is it legal to charge a cancellation fee? If so what is the limit to this fee?

Frank J. Steiner answered on Nov 14, 2018

It depends on the wording of the contract.

1 Answer | Asked in Personal Injury, Real Estate Law and Construction Law for Tennessee on

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

I have a friend renting from a landlord in Fayetteville, Tennessee. There are numerous issues with the structure including, but not limited to black mold, poor electrical outlets (cannot safely plug in lamps, TV, etc.). It is my personal opinion, this are a fire hazard. In addition, problems with... Read more »

Peter N. Munsing answered on Oct 28, 2018

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...
Read more »

1 Answer | Asked in Real Estate Law and Construction Law for Tennessee on

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

Anthony M. Avery answered on Aug 17, 2018

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.

2 Answers | Asked in Contracts, Real Estate Law and Construction Law for Tennessee on

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

Builder wasn't able to build our home. We are still under contract with a completion date of May 31, 2018 with developer. It is now April 19,2018. They still don't have a builder and now they just want to sell us the lot. If we bought the lot and had our own builder come in, what the developer is... Read more »

Mr. James Charles Wright answered on Apr 20, 2018

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.

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1 Answer | Asked in Consumer Law, Contracts and Construction Law for Tennessee on

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

The builder frauded me as well as several other investors, suppliers and subs. It is very obvious now after I have gathered the facts that he did this with clear malicious intent. I discovered he has done this in the past in 1996, 2008, 2014 and now. He filed bankrupsty the two previous times. I do... Read more »

Leonard Robert Grefseng answered on Oct 27, 2017

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... Read more »

1 Answer | Asked in Contracts, Employment Law, Business Law and Construction Law for Tennessee on

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

The contractor claims that the contractor that he subcontracts the labor that I perform is refusing to pay him HIS agreed upon payrate for my labor (I presume that he charges a fixed amount for each employee, and pays them less, keeping the remaining money). This is his method of business. However,... Read more »

Leonard Robert Grefseng answered on Jul 12, 2017

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... Read more »

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