If you’ve discovered a defect in your home or commercial property, you might be thinking about suing the contractor or design professional responsible. But before you file a lawsuit, you need to take certain steps. Otherwise, you could run into delays or complicate your chances of recovering damages.
First, you must notify the parties responsible as soon as you discover the defect. This is done through a written notice of claim, which should describe the defect in detail.
Contractors have a right to inspect and respond
Once they receive your notice, the contractor or builder has the right to inspect the property and assess the alleged defect. They may also offer to repair the issue, provide compensation or deny responsibility for the defect.
If they offer to fix the issue and you accept, you must allow them reasonable access to complete the work. If they fail to follow through, you can proceed with a lawsuit. Remember, this step is not just a formality. It’s a legal requirement in Tennessee.
Documentation is crucial
While you wait for the contractor’s response, gather as much evidence as possible. Take photos or videos of the defect, keep records of any communication with the contractor and document how the issue has affected your property. Do not overlook additional damage like water intrusion leading to mold. This evidence will be crucial if your case goes to court.
There are legal deadlines involved
Tennessee law sets strict deadlines for filing construction defect lawsuits, and missing them can mean losing your right to sue for damages. The clock starts ticking when you discover the defect. Waiting too long can leave you without any legal recourse, no matter how serious the defect or how much it has cost you.
Make an informed decision
Filing a lawsuit can be expensive and time-consuming. Additionally, construction defect cases can be legally and technically complex. Reaching out for legal guidance can help assess the strength of your case, gather the necessary evidence and understand your options. It can go a long way in protecting your rights and improving your chances of a successful outcome.