Tenn. Code Ann. § 66-36-101
Chapter definitions
Redline — September 1, 2020 → current.View current text →
Current — September 30, 2020
As of September 1, 2020
As used in this chapter, unless the context otherwise requires:
As used in this chapter:
(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;
(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;
(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;
(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 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;
(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 a structure resulting from: Defective material, products, or components used in the construction or remodeling;
(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: Defective material, products, or components used in the construction or remodeling;
(5) A violation of the applicable codes in effect at the time of construction or remodeling;
(5) A violation of the applicable codes in effect at the time of construction or remodeling;
(6) 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
(6) 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
(7) 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;
(7) 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;
(8) “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;
(8) “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;
(9) “Improvement” has the same meaning as defined in § 66-11-101;
(10) “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;
(10) “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;
(11) “Prime contractor” has the same meaning as defined in § 66-11-101;
(12) “Remote contractor” has the same meaning as defined in § 66-11-101;
(13) “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
(14) “Service” means personal service or delivery by certified mail to the last known address of the addressee, or as otherwise allowed by contract.
(12) “Structure” means any building or improvement and its components, systems, fixtures and appurtenances at the time of completion of construction;
(13) “Subcontractor” means a contractor who performs work on behalf of another contractor in the construction or remodeling of a structure; and
(14) “Supplier” means a person who provides materials, equipment, or other supplies for the construction or remodeling of a structure.
Current official text: Tennessee Code (LexisNexis). Digitized from the UniCourt Code Improvement Commission public-domain capture. Reproduced from public-domain Tennessee statutes; confirm against the official source for the current text. Not legal advice.