Construction Defects
Construction Defects Attorney in Nashville
Serving Nashville Property Owners & Businesses Since 1936
A construction defect can surface right after a project closes or years down the road, and the damage it causes to the structure, to the business inside it, or to the people who occupy it rarely stays contained. Lackey | McDonald, PLLC has represented Nashville-area property owners and businesses since 1936, and our attorneys know how to move quickly once a problem is identified.
Whether the defect involves a newly built commercial space, a completed renovation, or a residential property, the legal path forward comes down to the same core questions: who is responsible, when was it discovered, and how much time remains to act.
If you’ve found a problem with your property that may trace back to how it was built or designed, call us now at (615) 392-4916 to schedule a free consultation.
Why Nashville Clients Bring Construction Defect Claims to Us
Most construction defect disputes come down to a contract: what the contractor agreed to build, what the architect agreed to design, and whether the finished work measured up. Our business and real estate attorneys already guide clients through construction contracts, design-build agreements, and contractor negotiations as part of our everyday practice. When a defect claim arises, that background means we read the scope-of-work language and warranty provisions the way the parties wrote them, not as a starting point for learning the industry.
That familiarity matters as much as the litigation side. Knowing what a contract required at the time of performance shapes every argument about whether the work was deficient and who bears responsibility for fixing it.
We’ve served Nashville and Tennessee clients since 1936, and every client speaks directly with the attorney who handles the case, from the first conversation through resolution. No handoffs to paralegals, no uncertainty about who is working on the matter.
What Qualifies as a Construction Defect Under Tennessee Law
Tennessee law defines a construction defect as a deficiency in the design, planning, supervision, observation of construction, or construction of an improvement to real property. That definition covers a wide range of problems and can implicate multiple parties on the same project.
Defects generally fall into four categories:
- Design defects: Errors in the plans or specifications produced by the architect or design team
- Material defects: Substandard products or components that fail to perform as required
- Workmanship defects: Construction that doesn’t meet applicable trade standards or building code requirements
- Subsurface or foundation defects: Problems with site preparation or the structural foundation that affect the entire improvement
Some defects are patent, meaning they’re discoverable through a reasonable inspection after the work is done. Others are latent, meaning they’re hidden and won’t surface until months or years later, as foundation settling or concealed water intrusion eventually makes itself known. The distinction matters because it affects both when the clock starts running and what defenses are available to the responsible party.
Tennessee Deadlines for Construction Defect Claims
Tennessee’s statute of repose, found at T.C.A. § 28-3-202, is the outermost boundary. It requires construction defect actions to be filed within four years after substantial completion of the improvement. Substantial completion is the point when the work is sufficiently finished for its intended use or occupancy. The deadline applies regardless of when the defect is discovered, with one exception: if an injury occurs during the fourth year, the claimant has one additional year to file, making five years the absolute outer limit.
Within that boundary, two different limitation periods can apply depending on the legal theory. Property-damage claims typically fall under the three-year statute of limitations in T.C.A. § 28-3-105. But when the same defect gives rise to breach of contract or breach of warranty claims, Tennessee courts have recognized that the six-year contract statute of limitations under T.C.A. § 28-3-109 may apply instead. One important exception to the statute of repose: under T.C.A. § 28-3-205, a party who committed fraud in the design, planning, or construction work, or who wrongfully concealed the claim can’t rely on it as a defense.
Tennessee’s Pre-Suit Notice Requirement
Before filing a construction defect lawsuit against a prime contractor, remote contractor, or design professional in Tennessee, the claimant must first serve a written notice of claim under Tennessee Code Annotated Section 66-36-101. This step isn’t optional, and how it’s handled can affect the rest of the case timeline.
The process unfolds in a defined sequence:
- Written notice: The claimant serves written notice describing the alleged defect; best practice is to do so within fifteen days of discovery, though missing that window doesn’t automatically bar the claim
- Inspection window: After receiving notice, the contractor or design professional may inspect the structure within ten business days
- Written response: The contractor or design professional must serve a written response within thirty days, stating whether it will repair, settle, or dispute the claim
- Tolling effect: Serving the required notice tolls the statute of limitations until the later of 180 days after the contractor or design professional receives notice, or 90 days after the end of any accepted repair period
Getting the notice right matters. A deficient or untimely notice can complicate negotiations and affect the tolling period. We can help clients prepare and serve notices that satisfy the statutory requirements so the pre-suit process doesn’t create problems the lawsuit itself didn’t have.
Who Can Be Held Responsible for a Construction Defect
Liability in a construction defect case rarely stops with one party. Responsibility can extend to general contractors, subcontractors, developers, architects, engineers, and material suppliers, depending on who performed or furnished the deficient work. Our attorneys trace the contract chain to identify every party whose work contributed to the problem.
One important limit on the statute of repose defense: an owner or developer who maintains actual possession or control of the improvement when a defect causes injury can’t use the statute of repose to avoid liability. That distinction can determine whether certain defendants remain in the case.
Construction, real property, and commercial litigation in Nashville are typically heard in Davidson County Chancery Court. Contract disputes and civil torts, including defect claims framed in negligence, are heard in Davidson County Circuit Court. Knowing where to file and how each court approaches these matters is part of what our construction defects attorneys bring to the table from day one.
Talk to a Nashville Construction Defects Attorney Today
Construction defect claims run against fixed statutory deadlines. Waiting to act after discovering a suspected defect can close off options that were available when the problem first appeared. We offer free consultations for most case types, along with flexible payment options and same-day appointments.
Call our Nashville construction defects attorneys at (615) 392-4916 to schedule your consultation and discuss what you’ve found.
