Tennessee § 66-36-101 - Chapter definitions.

§ 66-36-101. Chapter definitions.

As used in this chapter: “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; “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; “Commercial property” means all property that is not residential property; “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: Defective material, products, or components used in the construction or remodeling; A violation of the applicable codes in effect at the time of construction or remodeling; 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 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; “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; “Improvement” has the same meaning as defined in § 66-11-101; “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; “Prime contractor” has the same meaning as defined in § 66-11-101; “Remote contractor” has the same meaning as defined in § 66-11-101; “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 “Service” means personal service or delivery by certified mail to the last known address of the addressee, or as otherwise allowed by contract. Acts 2004, ch. 741, § 2; 2020, ch. 749, § 35. Compiler's Notes. Acts 2004, ch. 741, § 6 provided that the act, which enacted this section, shall apply to all actions accruing on or after May 24, 2004. Acts 2020, ch. 749, § 42 provided that the act, which amended this section, applies to actions occurring and contracts entered into, amended, or renewed on or after July 1, 2020. Amendments. The 2020 amendment added the definitions of “Improvement”, “Prime contractor”, “Remote contractor” and “Residential property”; deleted “, unless the context otherwise requires” from the introductory language; inserted “or binding dispute resolution proceeding” in the definition of “Action”; in the definition of “Claimant”, inserted “prime” and substituted “remote contractor” for “subcontractor, supplier”; deleted the second sentence in the definition of “Commercial property” which read: “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”; substituted “an improvement” for “a structure” three times in the definition of “Construction defect”; deleted the definition of “Contractor” which read: “‘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;”; in the definition of “Design professional”, added “, regardless of whether the person is a prime contractor or remote contractor”; substituted “prime contractor, remote contractor, or design professional” for “construction professional” in the definition of “Notice of claim”; in the definition of “Service”, added “, or as otherwise allowed by contract”; and deleted the definitions of “Structure”, “Subcontractor” and “Supplier” which read: “‘Structure’ means any building or improvement and its components, systems, fixtures and appurtenances at the time of completion of construction; “‘Subcontractor’ means a contractor who performs work on behalf of another contractor in the construction or remodeling of a structure; and “‘Supplier’ means a person who provides materials, equipment, or other supplies for the construction or remodeling of a structure.” Effective Dates. Acts 2020, ch. 749, § 42. July 1, 2020.