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Do I have proof of the date of significant completion?

TennesseeConstruction ContractSubstantial Completion

My contractor wrote, “one year warranty” under Change Orders on the contract for my home and he also dated and signed this, “one year warranty” statement. In addition, I paid him the final draw that day with an Officers check from my bank and I have a copy of the Officers Check along with a copy of the Invoice for that final draw. All the aforementioned documents have the same date. I would like to know if this date is the date of significant completion or if it would be considered to be the date of significant completion by the courts as it looks like that may be where we are headed.

1 reply

Feb 11, 2020
Ultimately, Tennessee's mechanics lien statute doesn't include the term "significant completion" or "substantial completion" - and it doesn't really define "completion" either. While an owner is entitled to file a Notice of Completion, which could serve as a hard date for when the project is considered complete, there's little guidance on when, exactly, completion occurs. Generally, though, completion will be the date when the project is wrapped up, work is finished, and all of the obligations under the contract have been performed. If payment marked "final" has been given, and if a contractor has made statements or actions indicating their work has been completed, then that may well serve as "completion." Or, if a certificate of occupancy or other some official documentation is required, then the issuance of that certificate might be deemed completion. More likely, though, a court would take a number of different factors into account to weigh whether or not completion occurred. However, at the end of the day, it's tough to predict how a court might determine the completion date beyond the above analysis. For a little more insight, it'd be valuable to consult with a local Tennessee construction attorney. They'll be more familiar with how a Tennessee court might turn, and they'd be able to take a better look at the surrounding circumstances and documentation, then advise on how best to move forward.
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