Construction Issues in Tennessee
Nashville Construction Dispute Lawyers
Building or renovating a home should be exciting—not a source of endless stress and legal headaches. Unfortunately, construction projects don’t always go as planned. Cost overruns, delays, defective work, change orders, and broken promises can quickly turn a dream project into a nightmare for both homeowners and builders.
Freeman & Fuson represents both builders and homeowners in construction disputes throughout Middle Tennessee. We help clients avoid problems by reviewing contracts on the front end, and we step in when disputes arise over workmanship, payment, delays, or scope. Whether you’re worried about a foundation crack, unpaid invoices, or a project that has gone completely off the rails, we’re here to protect your rights and your investment.
Why Construction Contracts Matter So Much
Most construction disputes can be traced back to one of two things:
- No written contract, or
- A written contract that is unclear, incomplete, or not tailored to Tennessee law.
In Tennessee, many construction relationships touch several important areas of law, including:
- Contractor licensing and home improvement requirements (such as those found in Tennessee’s contractor licensing laws, including T.C.A. Title 62, Chapter 6)
- Consumer protection and deceptive practices (including claims under the Tennessee Consumer Protection Act, T.C.A. § 47-18-101 et seq.)
- Mechanic’s and materialmen’s liens (governed by T.C.A. § 66-11-101 et seq.)
A well-drafted contract can address:
- Scope of work
- Payment terms and draw schedules
- Change order procedures
- Warranty of workmanship and materials
- Responsibility for permits and inspections
- Deadlines and delays
- Dispute resolution procedures
Freeman & Fuson urges homeowners to have any construction or remodeling contract reviewed before signing, and encourages builders to use solid written agreements with homeowners so everyone understands expectations from the start.
Common Construction Disputes We See
Even with a written contract, disputes can still arise. We regularly handle issues such as:
- Defective or incomplete work – Structural problems, water intrusion, electrical or plumbing defects, poor finishing, code violations
- Delays and missed deadlines – Projects that drag on for months longer than promised
- Cost overruns and change orders – Disputes over extra charges, “extras,” or unapproved changes
- Nonpayment or underpayment – Homeowners who refuse to pay, or contractors who walk off the job
- Warranty and punch-list issues – Items not completed at closing, failures discovered after move-in
- Misrepresentation and fraud – Builders or subcontractors misrepresenting skills, licenses, or work performed
Some disputes are best resolved through negotiation or mediation; others require formal litigation or arbitration. Regardless of the path, having an attorney who understands both the legal framework and the realities of construction is essential.
Homeowners: Protecting Your Home and Investment
For homeowners, a house is often the largest investment you’ll ever make. When the project goes wrong, the impact is personal and financial.
Common homeowner concerns include:
Is the work up to code?
Are these cracks or leaks a minor issue—or a structural problem?
Am I paying for work that wasn’t actually done or done correctly?
Can I withhold payment or must I pay and sue later?
What happens if the contractor threatens to walk off the job or file a lien?
Tennessee law allows contractors and suppliers to file mechanic’s and materialmen’s liens under statutes such as T.C.A. § 66-11-101 et seq. if they are not paid.
Homeowners need to understand how to:
Respond to lien notices
Protect themselves from double payment when subcontractors are unpaid
Preserve their own claims for defective work or breach of contract
We help homeowners:
Review and interpret construction contracts
Document defects and incomplete work
Negotiate repairs, credits, or settlements
Pursue claims for breach of contract, negligence, or misrepresentation
Defend against improper or inflated liens
Builders & Contractors: Protecting Your Work and Your Business
Builders and contractors have their own set of challenges.
You may be dealing with:
- Homeowners who refuse to pay the final draw
- Unreasonable demands or constantly changing scope
- Allegations of defective work when the problem is design, misuse, or another trade
- Subcontractors who performed poor work or failed to show up
- Threats of lawsuits or complaints to licensing boards
Tennessee’s mechanic’s lien laws in T.C.A. § 66-11-101 et seq. provide powerful tools for contractors—but only if deadlines and notice requirements are followed carefully. Licensing issues under Tennessee contractor licensing statutes (T.C.A. Title 62, Chapter 6) can also affect your ability to recover on a contract if the job exceeds certain dollar thresholds.
We help builders and contractors:
- Draft and enforce clear construction contracts
- Preserve and enforce lien rights
- Defend against homeowner claims and warranty demands
- Resolve disputes with subcontractors and suppliers
- Navigate licensing and regulatory concerns
Construction Defects & Time Limits
Construction defect claims can involve complex questions of when a defect was discovered and how long the owner has to bring a claim. Tennessee law includes statutes of limitation and statutes of repose for certain construction-related claims (found in T.C.A. § 28-3-201 et seq. and related provisions), which can bar claims if they are not filed in time.
This makes timing critical:
Some problems are obvious during construction or shortly after move-in.
Others—like foundation issues, moisture problems, or structural defects—may not show up until months or years later.
We work with homeowners and builders to:
Determine when the “clock” started running
Evaluate whether claims are still timely
Preserve evidence through photographs, inspections, and expert evaluations
Decide whether to pursue informal resolution, mediation, or litigation
How Freeman & Fuson Approaches Construction Disputes
Our construction practice is built around practical problem-solving and trial readiness.
Our approach typically includes:
1. Contract & Document Review
We start by reviewing contracts, change orders, emails, texts, invoices, inspection reports, and photos to understand what was promised and what actually happened.
2. Site & Defect Evaluation
When appropriate, we work with inspectors, engineers, or other experts to evaluate alleged defects or understand why a project derailed.
3. Statutory and Licensing Analysis
We examine the impact of Tennessee’s lien laws (T.C.A. § 66-11-101 et seq.), contractor licensing rules (T.C.A. Title 62, Chapter 6), and consumer protection laws (T.C.A. § 47-18-101 et seq.) to identify all potential claims and defenses.
4. Negotiation & Alternative Dispute Resolution
Many construction cases can be resolved through negotiation or mediation, saving everyone time, money, and stress. We pursue fair outcomes that reflect the true condition of the work and the contract terms.
5. Litigation When Necessary
When settlement is not possible, we are prepared to file suit or defend you in court. Our trial experience allows us to present complex construction issues in a clear, persuasive way to judges and juries.
Talk to a Nashville Construction Dispute Lawyer Today
Whether you’re a homeowner worried about defective work or a builder facing nonpayment or unfair accusations, you don’t have to navigate Tennessee’s construction laws alone. Call Freeman & Fuson at (615) 298-7272 or contact us online for a confidential consultation. We’ll review your contract, assess the work and the dispute, and pursue the strongest path to protect your rights, your property, and your investment.