Tennessee Code Title 66. Property § 66-36-101

As used in this chapter, unless the context otherwise requires:

(1) “Action” means any civil action 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;

(2) “Claimant” means an owner, including a subsequent purchaser, tenant, or association, who asserts a claim against a contractor, subcontractor, supplier, or design professional concerning a construction defect;

(3) “Commercial property” means all property which is not residential property.  Residential property is property upon which a dwelling or improvement is constructed or to be constructed consisting of one dwelling unit intended as a residence of a person or family;

(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 a structure 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 a structure 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 a structure in accordance with accepted trade standards for good and workmanlike construction at the time of construction or remodeling;

(5) “Contractor” means any person, firm, partnership, corporation, association, or other organization that is legally engaged in the business of designing, developing, constructing, manufacturing, selling, or remodeling structures or appurtenances to structures;

(6) “Design professional” means a person licensed in this state as an architect, interior designer, landscape architect, engineer, or surveyor;

(7) “Notice of claim” means a written notice sent by a claimant to the last known address of a construction 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) “Service” means personal service or delivery by certified mail to the last known address of the addressee;

(9) “Structure” means any building or improvement and its components, systems, fixtures and appurtenances at the time of completion of construction;

(10) “Subcontractor” means a contractor who performs work on behalf of another contractor in the construction or remodeling of a structure;  and

(11) “Supplier” means a person who provides materials, equipment, or other supplies for the construction or remodeling of a structure.

Cite this article: FindLaw.com - Tennessee Code Title 66. Property § 66-36-101 - last updated January 01, 2020 | https://codes.findlaw.com/tn/title-66-property/tn-code-sect-66-36-101.html

FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. For more detailed codes research information, including annotations and citations, please visit Westlaw.

FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.

Copied to clipboard