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How do I get started on action against the builder?

TennesseeDefectsLawsuit

We bought a house in a new subdivision in summer 2018. Went under contract before it was even finished. From the day we moved in, literally everything has had issues. The house was claimed to be done before we closed, but on the day we started moving in, there were still workers walking in and out doing things. There have been problems with every component of this house. Light fixtures rusted in the ceiling, leaking toilets from not being set right, dishwasher not bolted in, missing insulation in the attic, hvac didn't work the whole first winter, electrical problems, rusted garbage disposal after only a couple months, no caulk around the bathroom fixtures, subflooring not secured on the second floor, mud stains and paint all over the carpets. I could go on and on. The backyard, which they told us before we closed would be graded properly, was still a drop-off, full of overgrowth and construction debris. Even after "fixing" it, it was still a steep slope with dangerous metal and unstable stones sticking up out of the soil. Most of the soil eroded away within the first few months and had to be replaced. There is a major drainage problem on the side of the house that they have known about the entire time. We have it in writing that they will correct it, but it has been a year and a half, and nothing! In their paperwork to the county regarding the property, they claim that there are no slopes, drainage issues, or erosion issues. Not true! We had an inspection done before our year was up, and they said they would fix the items on the list, but now they are backtracking and refusing to fix a grading issue up against the front of the house because the builder says he "doesn't see any problem." Even though we had a 1-year warranty guaranteeing materials and workmanship, getting the builders to respond to any message is like pulling teeth. I feel they are brushing us off and have no intention of doing their part. The only time they seem to answer us is when we threaten to call a lawyer. When they do send someone out, they're always either a no-show, later than what we were told (so we are left to put our errands on hold) or they are unannounced. My agent and others have said for a long time that it's time for an attorney. I didn't want to be so aggressive, but I'm starting to think they are correct. This should have been a time for us to enjoy having a piece of our own little heaven, a place to call our own. It's been anything but enjoyable, rather downright miserable. I have photos of everything and a copy of my inspection report, as well as all messages back and forth with the builder. Any thoughts on what steps I need to take before pursuing legal action?

1 reply

Dec 13, 2019
When construction defects have persisted for an extended amount of time, and when it's clear that the contractor won't be forthright in managing necessary repairs, it'd be wise to consult a local Tennessee construction attorney about how to move forward with a potential construction defect claim. Though, before pursuing a lawsuit, it looks like Tennessee may require that an owner provide their contractor with a formal notice of claim and opportunity to cure defects to their contractor before proceeding with a defect suit. Even still - consulting with a local Tennessee attorney should help to clarify what steps, if any, must be taken before a defect claim is filed.

Other tools can help push a contractor to correct defects, too

Note also that there are other ways to affect a contractor who's worked on your property. For one, threatening to make a claim against a contractor's license bond could be effective. Licensed contractors must typically be bonded, and that bond is present to ensure the contractor performs adequate work - so if push comes to shove, an owner may be able to look to that bond for recovery. Further, filing a complaint against a licensed contractor with the Tennesse Department of Commerce & Insurance can help to make sure their failure to conduct business in a fair way doesn't go unnoticed or unpunished. And finally, leaving reviews of a contractor online (or threatening to do so) - on Google Reviews, Facebook, with the Better Business Bureau, Angie's List, etc. - can help to move things along, too.
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