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Tennessee Construction Law Questions & Answers
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
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
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...
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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
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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... Read more »

Mr. James Charles Wright
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
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... 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
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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