General information for owners, contractors and subcontractors
Call (931) 552-6000A building project involves many parties: the owner, the general contractor, subcontractors, suppliers, and often designers and lenders. Disputes usually involve one of a handful of issues. A contractor or supplier says it has not been paid. An owner says the work is defective, incomplete or late. The parties disagree about change orders or extra work. Or a lien has been filed on the property. Because each party depends on the others, a single problem can affect everyone on the job.
The written contract is the starting point for almost every construction case. It should describe the work, the price, how and when payment will be made, how changes are handled and how disputes are resolved. Tennessee requires a contractor’s license from the Board for Licensing Contractors before bidding or contracting for a project valued at $25,000 or more, and licensing questions can affect a contractor’s ability to enforce payment.
Tennessee’s mechanics’ and materialmen’s lien statutes give those who furnish labor or materials to improve real property a way to claim a lien on the property when they are not paid. Liens are governed by strict notice and filing deadlines, and an owner can start shorter time limits for lien claims by recording a notice of completion. These rules are technical, and they differ for prime contractors and for subcontractors and suppliers. Missing a step can eliminate lien rights.
Tennessee has a statute of repose for construction. Under it, actions to recover damages for a deficiency in the design, planning, supervision, observation of construction or construction of an improvement to real property must generally be brought within four years after substantial completion of the improvement. Unlike an ordinary statute of limitations, a statute of repose runs from the completion date, not from when the problem was discovered, so a defect that appears late may still be barred. There are exceptions. In addition, ordinary limitation periods apply, such as six years for most contract claims and three years for injury to property. Whether a claim is timely depends on its facts, so owners and contractors should not wait.
Austin Maness focuses on construction law, small business and estate litigation. We represent owners, contractors and subcontractors in disputes over payment, defective work and delay, and we review construction contracts before they are signed; see contract review. The practical steps include collecting the contract, plans, change orders, invoices and communications, documenting the condition of the work, and checking the deadlines that apply. We discuss the likely court and the costs of each option, including negotiation and mediation. For related information, see business litigation and civil lawsuits. Contractors forming a new company can read about forming an LLC.
Our only office is in Clarksville, and we handle matters for clients in Montgomery County (Clarksville), Stewart County (Dover), Houston County (Erin), Robertson County (Springfield), and Cheatham County (Ashland City). Construction claims are generally brought in the county where the property is located, which is why we work across the counties around Clarksville.
Call to schedule a consultation about a construction contract or dispute.
Office: 233 Dunbar Cave Road, Suite A, Clarksville, TN 37043 · Monday–Friday, 8:30 AM–5:00 PM
Email: [email protected] · Fax: (931) 645-1890
Contacting the firm does not create an attorney–client relationship. Please do not send confidential information until a relationship has been established. General information on this page is not legal advice, and every situation is different. Past matters do not predict the outcome of any future matter.