2021 Tennessee Code
Title 66 - Property
Chapter 36 - Construction Defects
§ 66-36-101. Chapter Definitions

As used in this chapter:

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 prime contractor, remote contractor, or design professional concerning a construction defect;


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 an improvement resulting from:
   
   
   1. Defective material, products, or components used in the construction or remodeling;
   
   
   2. A violation of the applicable codes in effect at the time of construction or remodeling;
   
   
   3. 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
   
   
   4. 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;


5. “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;


6. “Improvement” has the same meaning as defined in § 66-11-101;


7. “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;


8. “Prime contractor” has the same meaning as defined in § 66-11-101;


9. “Remote contractor” has the same meaning as defined in § 66-11-101;


10. “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


11. “Service” means personal service or delivery by certified mail to the last known address of the addressee, or as otherwise allowed by contract.