As used in this chapter:

(1) “Action” means any civil action or binding dispute resolution proceeding for damages or indemnity asserting a claim for damage to or loss of commercial property caused by an alleged construction defect, but does not include any civil action or arbitration proceeding asserting a claim for alleged personal injuries arising out of an alleged construction defect;
lawyer at desk

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Tennessee Code 66-36-101

  • Action: means any civil action or binding dispute resolution proceeding for damages or indemnity asserting a claim for damage to or loss of commercial property caused by an alleged construction defect, but does not include any civil action or arbitration proceeding asserting a claim for alleged personal injuries arising out of an alleged construction defect. See Tennessee Code 66-36-101
  • Claimant: means an owner, including a subsequent purchaser, tenant, or association, who asserts a claim against a prime contractor, remote contractor, or design professional concerning a construction defect. See Tennessee Code 66-36-101
  • Commercial property: means all property that is not residential property. See Tennessee Code 66-36-101
  • Construction defect: means a deficiency in, or a deficiency arising out of, the design, specifications, surveying, planning, supervision, observation of construction, or construction or remodeling of an improvement resulting from:
    (A) Defective material, products, or components used in the construction or remodeling. See Tennessee Code 66-36-101
  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Design professional: means a person licensed in this state as an architect, interior designer, landscape architect, engineer, or surveyor, regardless of whether the person is a prime contractor or remote contractor. See Tennessee Code 66-36-101
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Residential property: means property upon which a dwelling or improvement is constructed or to be constructed consisting of one (1) dwelling unit intended as a residence of a person or family. See Tennessee Code 66-36-101
  • Service: means personal service or delivery by certified mail to the last known address of the addressee, or as otherwise allowed by contract. See Tennessee Code 66-36-101
  • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(2) “Claimant” means an owner, including a subsequent purchaser, tenant, or association, who asserts a claim against a prime contractor, remote contractor, or design professional concerning a construction defect;
(3) “Commercial property” means all property that is not residential property;
(4) “Construction defect” means a deficiency in, or a deficiency arising out of, the design, specifications, surveying, planning, supervision, observation of construction, or construction or remodeling of an improvement resulting from:

(A) Defective material, products, or components used in the construction or remodeling;
(B) A violation of the applicable codes in effect at the time of construction or remodeling;
(C) A failure of the design of an improvement to meet the applicable professional standards of care at the time of governmental approval, construction, or remodeling; or
(D) A failure to construct or remodel an improvement in accordance with accepted trade standards for good and workmanlike construction at the time of construction or remodeling;
(5) “Design professional” means a person licensed in this state as an architect, interior designer, landscape architect, engineer, or surveyor, regardless of whether the person is a prime contractor or remote contractor;
(6) “Improvement” has the same meaning as defined in § 66-11-101;
(7) “Notice of claim” means a written notice sent by a claimant to the last known address of a prime contractor, remote contractor, or design professional against whom the claimant asserts a construction defect that describes the claim in reasonable detail sufficient to determine the general nature of the defect, including a general description of the type and location of the construction that the claimant alleges to be defective and any damages claimed to have been caused by the defect;
(8) “Prime contractor” has the same meaning as defined in § 66-11-101;
(9) “Remote contractor” has the same meaning as defined in § 66-11-101;
(10) “Residential property” means property upon which a dwelling or improvement is constructed or to be constructed consisting of one (1) dwelling unit intended as a residence of a person or family; and
(11) “Service” means personal service or delivery by certified mail to the last known address of the addressee, or as otherwise allowed by contract.
  Previous section
Next section  
 Chapter 36 Contents