For many of us in Tennessee, the world of home construction warranties can seem quite intricate and overwhelming. Whether it’s sprucing up your home or adding to Nashville’s skyline, the world of construction warranties can be a maze. But don’t worry, I’m here to guide you through it with some friendly advice and practical tips.

Express Warranties: Your Roof’s Promise

In the world of construction contracts, express warranties are like solid promises. – they’re assurances that you rely on when you agree to the deal. They’re about the quality and condition of the materials and work. For instance, the American Institute of Architects (AIA) has a general condition in their contracts that guarantees materials and equipment will be top-notch, the work will follow the agreed-upon documents, and it’ll be free from defects (except those that are unavoidable).

But here’s a little secret:
These warranties often don’t have time limits or disclaimers, and the only things they don’t cover are problems caused by others or everyday wear and tear. This is different from typical residential warranties, which usually have more exclusions and often last just one year.

The Puzzle of Warranty Time Limits

Here’s where it gets a bit tricky. Tennessee has laws about how long you have to bring up issues – three years from when you notice the problem for real property injuries, and there’s a four-year outer limit for construction-related claims. But what if your warranty is only for one year? Does it override these laws? Well, there was this case, Hankins v. Johnson, where the court said that a one-year warranty in the contract limited the time for claims. But remember, this doesn’t stop you from bringing up other contractual issues or, in some cases, tort claims.

What is a Tort Claim?

A tort claim in roofing is essentially telling a contractor, “Your work damaged my home because it wasn’t done right, and I need you to fix what went wrong.”

[Tennessee Supreme Court made a big decision expanding the tort laws for homeowners – Learn More]

“Call Back” Warranties:
Understanding the Correction Period

The “call back” warranty, or period of correction, is another key piece of the puzzle. It’s like having a one-year check-up. If something’s not right, the contractor has to fix it, but only if you tell them within that year. However, the AIA clarifies that this one-year period is just for correcting work and doesn’t affect other contractor obligations or the time frame for legal actions.

Although Tennessee courts haven’t specifically addressed this, contractors relying solely on this one-year period might be treading on thin ice. If there’s an intention to limit the contractor’s obligations, it should be crystal clear in the contract.

How long is a Tennessee Contractor liable for his work?

The state of Tennessee’s statute of limitations for basic negligence regarding new construction is three years from the date of completion and provides one extra year of repose should you discover a problem with your new construction in the third year of your ownership (TCA §28-3-105)

What Steps Should I Take After Issues Arise?

Navigating Post-Roofing Issues: Taking the Right Steps After Roofing Concerns Emerge

Discovering problems after a roofing project can be unsettling, but knowing how to handle these issues effectively can be a game-changer. For homeowners in Tennessee, a systematic approach is key to resolving these concerns while protecting your rights.

Document Everything:
Noticed a snag with your new roof? Start by documenting it thoroughly. Take clear photos of the area and jot down all the details – when you noticed it, what it looks like. This documentation becomes essential for any discussions or claims later on.

Review Your Paperwork:
Before diving into action, take a moment to review your contract and warranty. Understand the coverage of your warranty and the details in your contract. This step helps clarify your contractor’s responsibilities and your own rights.

Get in Touch with Your Contractor:
Your next move is to contact the contractor who worked on your roof. Share your concerns and the evidence you’ve gathered. A trustworthy contractor will likely inspect the issue and propose how to move forward, particularly if it’s covered by their warranty.

Consider an Independent Opinion:
If the issue is complex or you’re not satisfied with your contractor’s response, an independent assessment by another roofing expert can offer a clear, unbiased view of the situation and what needs to be done.

Discuss How to Fix It:
Armed with information from your contractor and maybe an independent expert, it’s time to talk solutions. If the problem is covered by warranty, your contractor should handle it at no extra cost. For workmanship issues, aim for a resolution that’s in line with your contract’s terms.

Keep a Record of All Conversations:
Document every interaction with your contractor – emails, text messages, notes from phone conversations. This detailed record is crucial if there are disagreements or if you need to take legal steps.

Reach Out to Your Insurance:
If the problem might fall under your home insurance coverage, like damage from a storm, get in touch with your insurer. Provide all the necessary details and follow their claim process.

Legal Consultation When Needed:
If you hit a roadblock or if the contractor is not addressing a valid concern, it might be time to seek legal advice. A lawyer with expertise in construction or contract law can guide you on the best course of action.

How do I file a complaint against
a contractor in Tennessee?

Filing a complaint is pretty straightforward:

Complaint Reporting:

Use the ONLINE COMPLAINT or for those without access to a computer or prefer completing a paper complaint form, contact the Contractors Board for a Complaint Form to be mailed to you by calling 615-741-8307.

For those with email, you may notify us at:  Contractors.Home-Improvement@tn.gov

Protecting Your Roofing Warranty
The Importance of Prompt Issue Addressing

Now, why is it crucial to address these issues promptly?
Well, it’s simple:

Preventing Further Damage:
Tackling small issues early can prevent them from snowballing into bigger, more expensive repairs.

Maintaining Warranty:
Many warranties require regular maintenance. Neglecting repairs might void these warranties, leaving you without coverage.

Safety and Comfort:
A well-maintained roof is central to the safety and comfort of your home.

Preserving Home Value:
Your home’s value is directly tied to its condition, and the roof plays a big role in that.

Understanding Contractor Liability

When it comes to contractor liability, it’s about knowing to what extent your contractor is responsible for issues that arise during or after your roofing project. Key areas include workmanship quality, project timelines, property damage and safety, warranty obligations, and insurance and bonding. Here are a few scenarios where your contractor might be financially responsible:

Defective Roofing Leading to Interior Damage: If a newly installed roof leaks and causes damage, the contractor may need to fix both the roof and the interior.

Delayed Project Completion:
If your roofing project takes much longer than agreed, without a valid reason, the contractor might cover additional costs you incur.

Injury or Damage Due to Negligence:
Should the contractor’s negligence lead to injury or property damage, they could be liable for associated costs.

Tennessee Specifics: Construction Liability Laws
Tennessee’s construction liability laws are there to protect you. They cover contractor licensing requirements, a Statute of Repose limiting the time for filing lawsuits, implied warranties, liability for defective construction, and insurance requirements. Staying up-to-date with recent legal changes and case laws is also a smart move.

Navigating the complexities of roofing laws can be as challenging as walking on a steep roof. If you’re feeling overwhelmed or just need some straightforward advice, don’t hesitate to give us a call. At Worth Roofing, we’re here to help you make sense of it all. Have any questions? Let’s talk.

Worth Roofing (615)952-1010