 |
Penalties for using an illegal construction contract in Tennessee:
- Failure to provide a property owner with the disclosures required by Tennessee Code Annotated § 62-6-508 can result in a penalty of $500 for each violation.
- Tennessee Code Annotated § 62-6-518 authorizes the Tennessee Board for Licensing Contractors to impose a fine of up to $25,000 on a home improvement contractor for fraud in the execution or alteration of a home improvement contract.
- Tennessee Code Annotated § 62-6-518 gives a property owner the right to collect triple damages and attorney fees for fraud in the execution or alteration of a home improvement contract.
- The penalty for failing to provide the notices required by Tennessee Code Annotated § 66-11-203 and § 66-11-205 is up to 6 months in prison and a $500 fine or both.
- Tennessee Code Annotated § 66-11-124(b)(2)(B) gives the Tennessee Board for Licensing Contractors authority to revoke the license of any contractor who does not delete waiver of lien provisions in a subcontract.
- Failure to make federal truth in lending disclosures requires restitution of the overcharge and makes the creditor liable for the debtor's attorney fees.
- Failure to include the disclosures required by 12 Code of Federal Regulations § 226.15 extends the right of rescission to three years (rather than three days).
- Omitting insulation disclosures required by 16 Code of Federal Regulation § 460 can result in an $11,000 fine.
The contracts linked below will help Tennessee contractors avoid these penalties by complying with state and federal law.
The contracts linked below also comply with current Tennessee and federal court decisions.
The contracts linked below comply with the following Tennessee and federal laws:
- Attorney fees -- Tennessee Code Annotated § 66-34-602(b)
- Change orders -- Tennessee Code Annotated § 47-50-112
- Choice of law -- Tennessee Code Annotated § 66-11-208
- Home Improvement Contractor Act -- Tennessee Code Annotated § 62-6-501 to § 62-6-518
- Indemnity -- Tennessee Code Annotated § 62-6-123
- Insulation disclosure -- 16 Code of Federal Regulation § 460
- Mechanics' lien notice -- Tennessee Code Annotated § 66-11-201 to § 66-11-207
- Prompt Pay Act -- Tennessee Code Annotated § 66-34-101 to § 66-34-703
- Residential property -- Tennessee Code Annotated § 66-11-146
- Right of rescission -- 12 Code of Federal Regulations § 226.15
- Right to Repair Act -- Tennessee Code Annotated § 66-36-101, § 66-36-102 and § 66-36-103
- Statute of limitations -- Tennessee Code Annotated § 28-3-104, § 28-3-104, § 28-3-105 and § 28-3-109
- Statute of repose -- Tennessee Code Annotated § 28-3-201 and § 28-3-202
- Truth in lending -- 15 United States Code § 1638
- Waiver of lien -- Tennessee Code Annotated § 66-11-124
Return to Penalties for Illegal Contracts in Tennessee.
The contracts linked below conform with current Tennessee and federal court decisions.
The contracts linked below comply with the following Tennessee and federal court decisions:
- Change orders -- Moore Construction Co. v. Clarksville Department of Electricity, 707 S.W.2d 1, 1985
- Claims for delay -- Brown Brothers v. Metropolitan Government of Nashville, 877 S.W.2d 745, 1993
- Contract termination -- McClain v. Kimbrough Construction Co., 806 S.W.2d 194, 1990
- Contractor claims for delay -- Melka Marine Inc. v United States, 187 F.3d 1370, 1999
- Defective work -- Robeson & Weaver v. Ramsey, 147 Tenn. 25, 1922
- Disclaimer of warranty -- Wright v. Stevens, 1999 Tenn. App. LEXIS 843, 1999
- Disclaimers -- Oak Ridge Precision Industries, Inc. v. First Tennessee Bank, 835 S.W.2d 25, 1992
- Indemnity -- Kroger Co. v. Giem, 215 Tenn. 459, 1964
- Liability -- Olson v. Molzen, 558 S.W.2d 429, 1977
- Liquidated damages -- Eatherly Construction Co. v. HTI Memorial Hospital, 2005 Tenn. App. LEXIS 575, 2005
- Liquidated damages -- Guiliano v. Cleo, Inc., 995 S.W.2d 88, 1999
- Notice of delay -- White's Electric v. Lewis Construction, 1999 Tenn. App. LEXIS 548, 1999
- Pay when paid -- Koch v. Construction Technology, 924 S.W.2d 68, 1996
- Rights of third parties -- Moore Construction Co. v. Clarksville Department of Electricity, 707 S.W.2d 1, 1997
- Statute of limitations -- Williams v. Thompson, 223 Tenn. 170, 1969
- Statute of repose -- Bush v. Exchange Mutual Insurance Co., 866 S.W.2d 575, 1993
- Warranty -- Dixon v. Mountain City Construction Co., 632 S.W.2d 538, 1982
Return to Penalties for Illegal Contracts in Tennessee.
Return to construction contract laws in Tennessee.
|
