Building or purchasing a home is one of the largest investments most people will ever make. Unfortunately, construction defects are far more common than many homeowners realize. These defects can result in serious structural issues, safety hazards, personal injury and costly repairs. Our firm represents homeowners and property owners who have been harmed by professional negligence during the construction process. Understanding common defects and knowing your legal options is essential to protecting your investment.
Common Construction Defects
Some construction defects are obvious from the start, while others may take months or even years to appear. Common issues include:
Water Intrusion and Crawlspace Moisture
Water in a crawlspace is one of the most frequently encountered construction defects. Poor drainage, inadequate waterproofing, or improper vapor barriers can lead to mold growth, wood rot, foundation damage, and unhealthy living conditions.
Improper Grading and Drainage
When grading is not completed to code, water may drain toward the home rather than away from it. This can cause soil erosion, foundation movement, basement flooding, and long-term structural damage.
Roofing Defects
Improper roof installation, faulty flashing, or substandard materials can result in leaks and premature roof failure.
Plumbing, Electrical, and HVAC Defects
Defective plumbing can cause hidden water damage, electrical issues can pose serious fire risks, and improperly installed HVAC systems can lead to poor air quality, inefficiency, and early system failure.
Patent vs. Latent Defects
As a civil law attorney, I can help determine whether a defect is considered patent or latent. Patent defects are immediately visible upon reasonable inspection, while latent defects may not surface for months or even years after construction is complete.
Common defects such as foundation cracks, water intrusion, faulty electrical wiring, and improperly installed roofing materials may fall into either category depending on when and how they become apparent. Identifying the type of defect is a critical first step in proving liability and pursuing damages.
The Importance of Documentation
If you suspect a construction defect, thorough documentation is critical. Homeowners should keep records showing when the defect was first noticed, along with dated photographs or videos documenting the condition. Repair estimates, invoices, contracts, and receipts for any work already performed should be kept, as well as inspection reports, warranties, and correspondence with builders or contractors. This documentation helps establish a timeline, preserves evidence, and forms the foundation of a potential legal claim.
Tennessee’s Right to Cure Requirements
In Tennessee, construction defect claims involve specific pre-suit notice requirements under the state’s Right to Cure statute. Before filing a lawsuit, homeowners are generally required to provide written notice to the contractor or responsible party, allowing them the opportunity to inspect the alleged defects.
Once notice is received, the contractor typically has 30 days to respond. That response may include an offer to repair the defect, a proposal for financial compensation, or a denial of responsibility. Potential outcomes may include repairs, compensation for damages such as repair costs, lost income, or temporary housing expenses, or dismissal of a claim if required procedures are not followed.
Establishing Liability in Construction Defect Cases
Once the nature of the defect is identified and proper notice has been given, the next step is determining who is legally responsible. Construction defect claims may be brought against builders, contractors, subcontractors, architects, engineers, designers, or material suppliers.
Your attorney can review construction contracts, plans, inspection reports, and applicable building codes to determine whether the defect resulted from professional negligence, a breach of contract, or code violations. In many cases, more than one party may share responsibility, requiring a detailed examination of each party’s role.
Professional Negligence and Expert Witnesses
Most construction professionals carry liability insurance to cover construction defect claims. However, insurance coverage alone does not guarantee recovery. In most cases, an expert witness is required.
An expert witness is typically licensed in Tennessee or an adjoining jurisdiction and has knowledge of the applicable standard of care for professionals in similar fields. Expert testimony helps establish how a professional violated the duty owed, whether through action or inaction, and how that failure caused damages.
Statute of Limitations and Repose in Tennessee
Construction defect claims are subject to strict deadlines:
- Statute of Limitations: Generally three (3) years from when the defect is discovered or reasonably should have been discovered.
- Statute of Repose: Typically four (4) years from substantial completion of construction, with limited exceptions for latent defects.
Missing these deadlines can permanently bar your claim.
If You Suspect a Construction Defect, We Can Help
Construction defects can be costly, stressful, and legally complex. Acting quickly, preserving evidence, and understanding your rights are critical. If you believe your home was damaged due to professional negligence, consulting with a civil law attorney early can help protect your interests, ensure compliance with pre-suit requirements, and position your case for the best possible outcome.
At Ralls & Wooten, we represent homeowners and property owners harmed by construction defects and professional negligence. Our firm understands the technical and legal complexities involved in these cases, from compliance with Tennessee’s Right to Cure statute to coordinating expert witnesses and pursuing fair compensation.