My builder won't fix a warrant issue. What can I do?
If your contractor fails to respond to your problems, we encourage consumers to report contractors as a means to monitor whether their license needs to be disciplined. Unfortunately, the Board cannot award judgments to consumers or require the contractor (Respondent) to make repairs - this requires taking them to civil court. However, filing a complaint offers protection to others in the future. The Tennessee Contractor’s licensing law with our Board addresses failure to respond to warranty issues as a violation under “Misconduct” (see below).
Rule 0680-01-.27 MISCONDUCT.
The following acts may constitute misconduct and may result in disciplinary action against licensees including possible revocation or suspension of license. The acts include, but are not limited to:
(1) Failure to cooperate with open investigation related to a complaint filed with the Board. This includes failure to respond in writing to any communication from the Board requesting a response within thirty (30) days of mailing such communication by registered or certified mail to the last address furnished to the Board by the licensee.
(2) Failure to abide by warranty agreement.
(3) Pulling a building, electrical, plumbing, or like permit for a job in which an unlicensed contractor is acting as the general contractor or consenting to or allowing for a contractor’s license number to be utilized by an unlicensed contractor or improperly licensed contractor in the furtherance of unlicensed contracting.
(4) Failure to maintain worker’s compensation if insurance is required by Tennessee statute.
(5) Revocation, suspension, or voluntary surrender of contractor’s license in another jurisdiction.
(6) Failure to pay a civil judgment rendered against the contractor by a court of competent jurisdiction if related to the contracting industry.
(7) Failure to respond to customer inquiries regarding completion of work and/or dissatisfaction with quality of work.
Does my new home have a warranty?
There is a one (1) year implied warranty in the law called “Warranty of Merchantability for Goods”. Under TCA §47-2-314, there is an expectation that the workmanship and materials meet the standard of care. When it comes to structural defects, the statute of limitations for new construction is *three (3) years (*four (4) years from notification) pursuant to TCA §28-3-105. These are not part of the contractor’s licensing law.