Home Construction Litigation
Real Estate Attorney Franklin TN
Homeowners often run into home construction disputes when working on a home with contractors and builders. Home construction projects can quickly become complex, especially when disputes arise between homeowners and contractors. Whether the issue involves negligent construction, breach of contract, subpar work from licensed or unlicensed contractors, or failure to complete the job, resolving these conflicts is critical to protecting your property and investment.
At Sam Cross Law, we specialize in handling home construction disputes for Tennessee homeowners, offering experienced legal representation to navigate the complexities of construction contracts and ensure your rights are upheld.
Can I Fire My Home Contractor?
Our firm gets asked this often. Contractors are not employees that can be fired. Homeowners enter into contracts (oral or written) with Contractors and both have responsibilities. There are steps that can be taken to properly terminate an agreement between homeowners and contractors.
Do I Have To Give My Contractor An Opportunity To Cure?
The short answer is yes. Homeowners often make the mistake of trying to be polite, letting their frustrations grow, until they call the contractor unloading their disappointments telling the contractor not to return. This can be a very costly mistake resulting with the homeowner paying a new contractor and the old. Contact our office if you are approaching the limit of your patience to see what your next steps can be.
Tennessee Contractor Taking Too Long?
Ideally, there is a written agreement with a provision that "time is of the essence" with a specific date provided as a deadline. Contractors usually do not volunteer agreeing to this provision. It is far more common an estimated completion date is given and the contractor simply needs to act "reasonably." The contractor needs to receive formal written notice from you of what you believe the reasonable deadline was, a brief opportunity to complete, or that you believe the contractor is in breach. If the notice falls on deaf ears, the homeowner needs to contact an attorney to formally and properly terminate the agreement.
What Can Happen In A Contractor Dispute?
Home construction litigation begins long before going to court. Hopefully the homeowner properly terminates the agreement prior to a new contractor being hired and completing the job. The original contractor is responsible to the homeowner for any amount paid over the originally agreed to price to the new contractor. If the homeowner does not terminate properly, they could be responsible to the first contractor for what they would have been paid and whatever it costs the second contractor to complete the job. It is a very costly mistake if done improperly.
Can I Sue My Home Builder?
The over simplified answer is yes, you can sue your builder and enter into home construction litigation. Whether you have a contract, warranty, and other facts in your favor are a more complicated matter. If you have begun to enter into a dispute with your builder, you should meet with an attorney to discuss how to proceed forward.
Breach Of Contract By Home Builder
The new construction of a home can be more complex than a buyer's excitement and emotions lead them to believe. The process truly requires preparation and planning that should be evidenced in a contract. A professional builder will have clearly laid out intervals of when payment is to be made and what control each party has to deny or demand those funds. A less than professional builder calls you when they are short on funds asking for more money to pay subcontractors due to cash flow issues on other jobs.
Does your contract require arbitration or can you go straight to court? Does your claim involve a breach of contract, breach of warranty, or both? These questions are complex and you should schedule an initial consultation if you are trying to learn more about your case particularly.
Home Warranty Dispute
If your home builder completed the contract and work but has begun to demonstrate damage or defects, you may need to make a warranty claim. Every warranty is different and the requirements and time limits associated with the warranty are usually very strict and you should act immediately. If the builder or third-party warranty company is dragging their feet to stall your claim or outright denied it, you may wish to immediately schedule an initial consultation.
Do I Need An Initial Consultation
If you are visiting this website, you are taking your first steps to learn more about what your rights may be with home construction litigation, how to enforce those rights, and what your options are. I encourage you to schedule an initial consultation rather than spend hours on the internet trying to learn yourself. At an initial consultation, Sam Cross will listen to the facts of your case, review your contracts, and give you a general opinion on the matter based off a brief initial consultation to help guide you on whether you may or may not wish to pursue the matter further with the aid of an attorney, on your own, or to simply let it go. We offer initial consultations at a reduced rate to encourage better informed potential clients taking decisive action.
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Sam Cross is a Franklin, Tennessee real estate attorney who focuses his practice on protecting the rights of homeowners in disputes involving home purchases, construction defects, property disclosures, and HOA matters. To learn more, schedule an initial consultation by clicking the button below.