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Posted by RicodJour on August 22, 2008, 7:59 pm
>
> > 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. =A0It 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=A0when
> 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. =A7
> 28-3-109 (1976). However, it is well settled in Tennessee that the
> three (3) year statue of limitations (Tennessee Code Annotated =A7
> 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 =A7 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
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