When you enter a contract with a company in Knoxville and make a down payment, you assume that the work will be completed within a timely manner. Unfortunately, far too often companies neglect to complete the work that they promised to complete within a reasonable amount of time. It is essential that you hire an attorney that understands how to protect your rights, get your down payment back or push the home improvement company towards completing the contracted work within a reasonable amount of time. Whether you hired a company to create your dream kitchen, a new fence or vinyl siding, or any other home improvement job, they have an obligation to complete the work on your house in an efficient manner.
Any time you enter a contract that does not state that time is of the essence for the contract to be completed, the contract must be completed within a reasonable amount of time. A non-excusable delay is a delay where the contractor is solely or primarily responsible. Non-excusable delays include the failure of the contractor to sufficiently staff the project, the contractor’s temporary abandonment of the project or the contractor’s failure to purchase materials in a timely manner. Regardless of the cause, a non-excusable delay places the primary responsibility for the delay on the contractor, rendering the contractor open to liability to the owner.
Defining what a reasonable amount of time is will depend on the work that is expected to be completed and any industry norms. Similar home improvement companies may be able to testify on your behalf to explain what they view as a reasonable amount of time for the performance of your contract that you believe was breached. However, it may be difficult to find a home improvement company to testify on your behalf to explain to a jury or a judge what constitutes a reasonable amount of time. Courts will consider the subject matter of the contract, the situation of the parties, their intention in what they contemplated at the time the contract was made, and the circumstances attending the performance” when evaluating the reasonableness of the performance.
Tennessee Legislation Protects You As A Homeowner
Fortunately, the state of Tennessee has legislation in place to protect you as a homeowner from a home improvement service provider failing to complete the contracted work. If more than 90 days have elapsed since the starting day or contract date for home improvement services, Tennessee law potentially provides you with relief. Whether Tennessee law provides you with relief depends on the specific facts of your case. Generally, you must establish that the company had an intent to defraud you under the criminal liability and Tennessee Consumer Protection Act. However, a simple breach of contract claim does not require any intent to defraud. Our lawyers have experience settling claims with home improvement service companies by alleging breach of contract, bad faith, Tennessee Consumer Protection Act, and potential criminal liability in these circumstances. It is important that you hire an attorney that understands the law who can protect your rights and help you obtain the relief you deserve.
Under the Tennessee Consumer Protection Act, a home improvement services company must provide you with certain information in written form prior to entering a contract with you. The company’s failure to provide such information may entitle you to a legal term known as treble damages or triple the number of damages that you suffered from your down payment and attorney fees.
Whether you entered a contract with a home improvement company to repair, replace, remodel, alter, convert, modernize, improve, or add an improvement to your residential home such as a driveway, swimming pool, porch, garage, landscaping, fence, roof or any other improvement, Tennessee law provides you with relief.