66-36-101 - Chapter definitions. - Tennessee Statutes

66-36-101. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

     (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;

     (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;

     (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;

     (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:

          (A)  Defective material, products, or components used in the construction or remodeling;

          (B)  A violation of the applicable codes in effect at the time of construction or remodeling;

          (C)  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

          (D)  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;

     (5)  “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;

     (6)  “Design professional” means a person licensed in this state as an architect, interior designer, landscape architect, engineer, or surveyor;

     (7)  “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;

     (8)  “Service” means personal service or delivery by certified mail to the last known address of the addressee;

     (9)  “Structure” means any building or improvement and its components, systems, fixtures and appurtenances at the time of completion of construction;

     (10)  “Subcontractor” means a contractor who performs work on behalf of another contractor in the construction or remodeling of a structure; and

     (11)  “Supplier” means a person who provides materials, equipment, or other supplies for the construction or remodeling of a structure.

[Acts 2004, ch. 741, § 2.]