Tidwell & AssociatesTidwell & Associates2026-05-27T18:53:15Zhttps://www.tidwellandassociates.com/feed/atom/WordPress/wp-content/uploads/sites/1604829/2022/05/cropped-TA_FAV2-32x32.pngOn Behalf of Tidwell & Associates P.C.<![CDATA[Who can you sue for construction defects?]]>https://www.tidwellandassociates.com/?p=471522025-10-13T20:17:57Z2025-10-13T20:17:21ZBuying or building a home or business in Chattanooga is a major investment. You expect solid construction and quality materials, not cracks in the walls or leaks in the ceiling. When those problems appear, frustration follows fast. Construction defects can lead to expensive repairs and safety concerns. Knowing who is responsible helps you protect your property and your peace of mind.
How to recognize a construction defect
A construction defect is any problem that reduces your property’s value, safety or strength. Some appear right after move-in, while others take years to surface. Common examples include:
Structural issues: Like sinking foundations or uneven floors
Water damage: Caused by poor roofing or drainage
Faulty wiring or plumbing: That creates safety hazards
Weak or defective materials: That wear out too soon
Identifying these issues early can prevent more costly repairs later.
Who may be held responsible
Several parties can be liable depending on how the problem started. Possible responsible parties include:
General contractors: Who supervise the project and ensure it meets standards
Subcontractors: Who complete specific work such as electrical or plumbing
Architects and engineers: Who design and approve the building plans
Developers or sellers: Who knew about defects but failed to disclose them
Manufacturers or suppliers: Whose faulty products contributed to the problem
Proving liability often requires a careful review of contracts, inspections and construction records.
Protecting your rights in Tennessee
Under Tennessee law, you generally have four years from the date a construction project is completed to bring a claim for defects. In some cases, you may have up to ten years if the issue wasn’t immediately noticeable. Acting quickly is important since missing these deadlines can end your right to compensation.Start by gathering documentation, photos and repair estimates to build a clear record. If you discover a construction defect in your Chattanooga property, consider talking with a construction law attorney. Professional guidance can help you understand your options and pursue a fair solution with confidence.]]>On Behalf of Tidwell & Associates P.C.<![CDATA[3 common sources of business disputes]]>https://www.tidwellandassociates.com/?p=471392025-04-13T11:31:18Z2025-04-13T11:31:18ZShareholder or partner disputes
The more that people have invested in a business, the more strongly they may feel about regular business operations. Business partners may find themselves fighting intensely over unmet expectations, misconduct and a host of other concerns. Their interpersonal conflicts can have a major impact on the day-to-day operation of the business.
Similarly, shareholders who have invested in a company have a right to influence the company's operations and to profit through the payment of dividends when the business is successful. Shareholders may take issue with decisions that they worry may limit the company's overall profitability. They may also object to freeze-outs where they don't get an opportunity to vote or do not receive the dividends they deserve based on company performance.
Conflicts with other companies
Perhaps another business engaged in corporate espionage to access one company's trade secrets. The competitor may then attempt to infringe on the other company’s intellectual property rights and market share by misusing those ill-gotten trade secrets for financial gain. There are countless other ways for companies to end up embroiled in a business-to-business dispute. One company might fail to follow through on contractual obligations to another, for example. Disputes with other businesses can damage a company's profitability and disrupt its regular operations.
Disagreements with employees
The people who work at a company are its lifeblood. The services that they provide help keep the company profitable. They also have access to information ranging from proprietary production processes to client lists that could lead to unfair competition.
Employees might violate restrictive covenants when they take a job with a direct competitor. They might sue a company and allege that the organization violated their rights. In cases where they claim that employers mistreated workers, those allegations can damage a company's reputation with the public and with other professionals.
Proper contracts and proactive responses to the misconduct of other parties can help leaders at organizations prevent significant setbacks caused by business disputes. Actively monitoring potential sources of organizational conflict can help executives, owners and other business leaders keep their companies running as smoothly as possible.]]>On Behalf of Tidwell & Associates<![CDATA[When handwritten or oral wills are valid in Tennessee]]>https://www.tidwellandassociates.com/?p=471142025-03-21T22:59:26Z2025-03-21T22:59:26Zmight be necessary in certain situations. Let's explore when these types of wills are accepted.
What the law requires
A nuncupative will, also known as an oral will, is only valid in Tennessee if the following conditions are met:
Imminent peril of death: The testator must make the oral will while facing imminent death and must pass away due to that peril for the will to be valid.
Witnesses requirements: At least two disinterested witnesses must hear the oral declaration of the will.
Written record: One of the witnesses must write down the will's provisions within 30 days and submit it to the court within six months of the person's death.
Oral wills can only distribute personal property (not real estate) worth up to $1,000. However, if the person is in active military service during war, this limit increases to $10,000. Oral wills do not change any existing written wills, so they’re often used to supplement rather than replace an existing will.
Handwritten wills
In Tennessee, a handwritten will, also known as a holographic will, can be a valid will. These documents are valid if:
Entirely handwritten: The entire will, including the signature and all important details, must be in the handwriting of the person making the will (the testator).
Proof of handwriting: Two witnesses must verify the testator's handwriting.
No witnesses needed: Unlike other types of wills, these witnesses do not need to be present when the will is created.
Consulting with a qualified attorney can help ensure that your will, whether traditional, handwritten, or oral, is legally sound and accurately reflects your wishes. An attorney can guide you through the process, advise you on the best course of action, and help prevent potential legal challenges.
While it's always best to have a formal, written will, Tennessee law provides options for situations where that's not possible. If you find yourself in a situation where a handwritten or oral will might be necessary, ensure you understand the specific requirements.]]>On Behalf of Tidwell & Associates<![CDATA[Should your company work with previously contentious vendors?]]>https://www.tidwellandassociates.com/?p=468242024-10-07T16:03:43Z2024-10-07T16:03:43ZWhen it comes to running a business, maintaining smooth relationships with vendors can help to facilitate the successful operation of a company. However, these relationships can become contentious under certain circumstances, whether due to disagreements over pricing, missed deadlines, product or service quality issues or poor communication. After resolving a dispute, companies often face the question: Should we continue working with this vendor or move on to a new partner? Business owners shouldn’t ignore the realities of past conflicts. Acting as if concerns could never arise again is willful ignorance. However, there may be times when it makes sense to work with a contentious vendor again. Each situation is unique.
What happened?
The first step in deciding whether to work with a vendor again is assessing the root cause of the previous conflict(s). Was the issue a one-time problem, such as a temporary disruption in supply or a miscommunication, or was it indicative of deeper, ongoing issues with reliability or professionalism? If the conflict stemmed from an isolated incident that was addressed and resolved, continuing the relationship may make sense, especially if the vendor provides unique products or services that are difficult to replace. However, if the conflict arose from a pattern of behavior, such as chronic delays, subpar quality or consistent miscommunication, it may be time to consider parting ways. Working with a vendor who has repeatedly failed to meet expectations can lead to more serious issues down the line, including lost revenue, damaged client relationships and potential legal disputes.You’ll also want to weigh the benefits of continuing the relationship with the vendor against the risks of potential future disputes. Consider the value the vendor provides to your company—do they offer competitive pricing, unique expertise, or specialized products that are difficult to find elsewhere? If so, it may be worth giving the vendor another chance, provided that safeguards are put in place to prevent future conflicts.If you decide to continue working with a vendor that has been contentious in the past, it’s important to put safeguards in place to prevent future conflicts. This may involve renegotiating contracts with more detailed terms, setting clearer expectations for performance and establishing regular communication to ensure that both parties are on the same page. Creating a more structured framework for the vendor relationship can help mitigate risks and ensure that issues are addressed before they escalate into larger problems.Ultimately, if a conflict scenario was isolated and a vendor took steps to resolve it, continuing (or restarting) the relationship at issue may be beneficial. However, if there were deeper, ongoing issues or a lack of accountability, it may be wiser to seek new vendors. Ultimately, protecting a company’s interests often involves assessing concerns in context and addressing them accordingly. ]]>On Behalf of Tidwell & Associates<![CDATA[Is the growth of mold proof of improper construction?]]>https://www.tidwellandassociates.com/?p=468232024-07-07T00:34:08Z2024-07-07T00:34:08ZMold grows for many reasons
Mold development in a home is relatively common. Particularly when there is a source of moisture, mold can develop very quickly inside a property. Some people worry about the health consequences of mold inside a home, but the risks of mold exposure are the subject of much exaggeration. Most people have no long-term health consequences even if black mold is what grows inside a residential building.
Mold could develop inside or near a bathroom due to a homeowner's failure to use fans to disperse moisture. It could grow near or under windows and doors, especially if people don't shut the home properly during times of inclement weather. Children playing with water guns inside might introduce moisture to materials and lead to mold growth.
Mold growth can be the result of a construction defect. Such cases may involve improper waterproofing, leaky roofs or poorly-sealed windows and doors. Clients trying to hold a construction firm accountable for mold development typically need proof that an issue with the structure or the construction project is what caused the mold to grow.
How companies protect against mold-related lawsuits
There are several ways for construction companies to handle lawsuits related to mold growth. They can carefully document how the company handles each stage of construction to prove that no significant water incursion occurred. In some cases, the delay between the completion of construction and the mold complaint could help undermine the connection between the project and the mold issue. A review of the evidence brought by the client can help develop a more effective response.
Having a plan in place to respond to construction defect complaints can make a major difference for a business whose finances and reputation could be at risk. Oftentimes, proper advocacy can make all the difference for a construction company blamed for issues with a property.]]>On Behalf of Tidwell & Associates<![CDATA[When is a citizen’s arrest a violation of someone’s rights?]]>https://www.tidwellandassociates.com/?p=468162024-04-01T14:09:14Z2024-04-01T14:09:14ZThe law is very clear about citizen's arrests
There are generally three scenarios in which someone in Tennessee can detain another person on suspicion of criminal activity. The first is when they personally witness the crime. The second is when they are aware that the person who they detained previously committed a felony offense. The third is when a felony offense occurred and someone has reasonable cause to believe the person they detained is to blame.
Provided that someone accused of a false arrest or the unlawful imprisonment of another person can show that the situation fell into one of those three categories, they could potentially defend against those accusations in criminal court. False imprisonment or false arrest is often a Class A misdemeanor offense that carries up to 11 months and 29 days in jail and up to $2,500 in fines.
Someone who has been accused of violating another person's civil rights could face prosecution and possibly also very expensive civil litigation. The consequences of failing to fight back could alter the course of someone's life. Properly responding to allegations of a civil rights violation may require that someone first re-frame the situation. Those who know Tennessee law may be in a better position to assert themselves after an encounter with another person leads to surprising allegations.]]>On Behalf of Tidwell & Associates<![CDATA[What your family should do if you discover multiple wills]]>https://www.tidwellandassociates.com/?p=468152024-01-08T14:55:49Z2024-01-08T14:55:49ZWhat can cause the existence of multiple wills?
Discovering multiple wills may occur due to various reasons, such as changes in the testator’s intentions or the existence of outdated documents. It is crucial to identify the triggers to comprehend the context behind these multiple wills.
Each will may carry different instructions, leading to potential conflicts among beneficiaries. Understanding the legal implications, including the validity and authenticity of each will, is essential for a smooth probate process.
Initiating the probate process
All discovered wills must be filed with the probate court. This initiates the legal process and allows the court to examine each document’s validity. Transparency in this step is crucial for a fair and just resolution. The court will assess factors like the testator’s mental capacity, proper execution of the will and any evidence of coercion or fraud.
If conflicts arise between the wills, the court will conduct an examination to determine the most recent and valid testament. This process helps ensure the testator’s true intentions are honored.
Conflict resolution
Open and transparent communication within the family is essential during this challenging time. Keeping all parties informed of the legal proceedings and decisions can ensure a smoother process and minimize potential misunderstandings. Consider organizing family meetings to discuss the situation and address concerns. This proactive approach may foster unity and understanding among family members, potentially preventing disputes from escalating.
Discovering multiple wills during probate is a complex scenario that demands careful navigation. Seeking legal counsel, adhering to probate court procedures and maintaining open communication may be pivotal for a successful resolution.]]>On Behalf of Tidwell & Associates<![CDATA[Will Tennessee courts uphold an employer’s noncompete agreement?]]>https://www.tidwellandassociates.com/?p=468132023-10-09T12:48:55Z2023-10-09T12:48:55Zas soon as 2024. Yet, in Tennessee, these agreements remain enforceable under certain circumstances.
The courts disfavor but will uphold non-competes
Technically, Tennessee has certain rules that strictly limit the right of employers to enforce noncompete agreements. Noncompete agreements generally need to be reasonable and necessary for the protection of the employer for the courts to enforce them.
What makes a noncompete agreement reasonable is the inclusion of certain limitations on the agreement. Generally, companies will need to declare a specific geographic location where the restrictions apply and will need to set a specific duration for the agreement. Usually, agreements that last more than a year or two or that cover a massive geographic region will be less enforceable than those that are very specific.
There will usually need to be proof that the worker received some kind of valuable consideration for making those professional concessions as well. Provided that the circumstances meet those standards, a company operating in Tennessee could take a former employee to court. A judge might impose penalties as outlined in the agreement or could even order someone to cease competing with their former employer.
Organizations may need to rework their employment contracts in the upcoming months if federal policy on restrictive covenants changes, but those with existing agreements can potentially enforce them in the meantime. Learning more about how Tennessee handles different business law matters may benefit owners and executives facing operational challenges or worried about unfair competition.]]>On Behalf of Tidwell & Associates<![CDATA[Who pays debts on behalf of an estate?]]>https://www.tidwellandassociates.com/?p=467712023-07-10T10:39:18Z2023-07-10T10:39:18ZUsing funds from the estate
In rare cases, children have cosigned on loans with their parents or have been named as joint account holders. They may be responsible for those financial accounts if they are also listed on them. However, in most cases, a parent’s debts are completely separate and they will not be inherited by the individual’s children. Instead, they will simply remain part of the individual’s estate. They will need to be addressed, but adult children do not have to worry about inheriting the debts or being forced to pay them off.
Instead, the estate administrator will use the money from the estate to pay off the debt. In many cases, the administrator will just pay off a number of small debts using a minor percentage of the estate’s value, and everything else will then be distributed. But there are also cases wherein someone’s debt is extensive and most of the assets from the estate will be used up paying it off before the remainder can be distributed to heirs and beneficiaries.
This process can be complicated, as many financial situations are after someone’s passing. Those involved need to be sure that they are well aware of all of their legal rights and obligations both during the estate planning and estate administration phases of someone’s situation.]]>On Behalf of Tidwell & Associates<![CDATA[2 ways for construction companies to avoid defect claims]]>https://www.tidwellandassociates.com/?p=467562023-07-07T04:52:56Z2023-04-25T13:43:17Z1. Draft very thorough contracts
One of the best ways for a construction company to minimize disputes with clients about the outcome of a project is to have a construction contract agreement that very clearly outlines the expectations for the project. From the proposed timeline to the requested finishes, it is possible to include enough specific details in a construction contract to minimize the possibility of miscommunication and unmet expectations leading to a defect claim.
Construction companies can also require alternative dispute resolution for initial attempts to resolve a disagreement or issue with a project before pursuing litigation, which can help prevent minor issues from snowballing into damaging construction defect claims.
2. Communicate proactively with clients
Even when there are very clear standards in place regarding the timeline for the project, the materials the company will use and other key details, issues outside of the control of the company could arise that will alter the schedule or the materials available for the project.
Construction companies that alert clients as soon as possible about delays due to supply chain issues, a lack of skilled labor or other challenges can prevent rising tempers and frustrations related to delays or increased expenses. Communicating with clients about material substitutions or possible building code concerns in writing will also be important as a means of absolving the construction company or contractor of responsibility for changes that deviate from the original agreement.
Despite every effort to avoid conflict, construction companies may sometimes still find themselves facing claims that they have not met a client's expectations. Responding appropriately to construction defect claims with the assistance of a legal professional may be as important for a company's continued success as proactively trying to avoid disputes when taking on new clients.]]>