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RicodJour RicodJour is offline
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Default Four Years Structural Liability

On Aug 22, 7:12*pm, Pat wrote:
On Aug 21, 7:56 pm, John Wheeler wrote:

I have a home that was built with a costly structural defect. One of
the load bearing stud walls was built without adequate concrete
footing.


I contacted the home builder, who told me to contact a structural
engineer. The engineer informed me that the home builder was liable
for structural defects for four years after the home's construction.
Can anyone point me to an online reference with this information or
anything helpful.


Thanks


In the amount of time it took you to do this, reply to posts, etc. you
could have Googled it. *It took me exactly 47 seconds to find an
answer.

plus into google: product liability, structure home, tennessee

and you get.http://www.uslaw.org/files/public/Tennessee.pdf*when
states:

-------

I. BREACH OF CONTRACT
Typically a breach of contract claim can be asserted by the purchaser
against the general contractor, as well as by the general contractor
against its subcontractors. A general breach of contract claim in
Tennessee is subject to a six year statute of limitations. T. C. A. §
28-3-109 (1976). However, it is well settled in Tennessee that the
three (3) year statue of limitations (Tennessee Code Annotated §
28-3-105) applies to claims for injuries to realty. This is so
regardless of whether the causes of actions set forth in the complaint
are designated as an action for tort (negligence) or contract. To
determine the nature of the cause of action the court will look to the
gravemen of the complaint. Whaley v. Perkins, 197 S.W.3d 665, 670
(Tenn. 2006). The three (3) year statue of limitations begins to run
when the plaintiff first discovers that he has a cause of action (e.g.
that there is a problem with the residence). There is also a four (4)
year statute of repose (Tennessee Code Annotated § 28-3-202) which
provides that all claims related to improvements to property are
barred if brought more than four (4) years after the date of
substantial completion, regardless of when the alleged problems were
discovered.


Pat, I make it a point to give people a beating...errr...education,
when they ask questions on a newsgroup and they obviously haven't done
any research on their own.

The last thing I will do is to spoon feed an adult that doesn't
actually physically require it.

R