When a Tennessee contractor's work does not match what was promised
The fact patterns I see repeatedly in Tennessee contractor matters all share one thing: the contractor represented something the work then did not deliver. A floor coating that was supposed to cure in a few days still off-gasses five months later. A roof that was supposed to be watertight leaks at the first hard rain. A foundation underpinning that was supposed to be permanent settles within a year. The contractor returns once or twice, attempts a remediation, and then either offers a token settlement, or stops returning calls entirely.
Tennessee law gives a building owner several overlapping tools to address that pattern. A pre-litigation demand letter pulls those tools together in a single document and puts the contractor on a clock. Done well, it resolves most disputes without a lawsuit. Done poorly, it becomes a piece of paper the contractor ignores.
This page walks through the legal framework I use, the structure of a strong Tennessee demand letter, and the common remediation-failure patterns that drive these disputes.
The Tennessee legal framework
Tennessee Consumer Protection Act (TCPA)
The Tennessee Consumer Protection Act, codified at Tenn. Code Ann. section 47-18-101 et seq., is the centerpiece of most Tennessee consumer-facing contractor demand letters. Section 47-18-104(a) declares unlawful any unfair or deceptive act or practice affecting the conduct of any trade or commerce. Section 47-18-104(b) then lists specific prohibited practices, several of which apply directly to a contractor who oversells what the product or installation will do.
The provisions I most commonly cite in a contractor matter:
- Section 47-18-104(b)(5): representing that goods or services have characteristics, uses, benefits, or quantities that they do not have.
- Section 47-18-104(b)(7): representing that goods or services are of a particular standard, quality, or grade, when they are of another.
- Section 47-18-104(b)(9): advertising goods or services with intent not to sell them as advertised.
- Section 47-18-104(b)(27): the catch-all unfair or deceptive practice provision (engaging in any other act or practice which is deceptive to the consumer).
The remedy provision, Tenn. Code Ann. section 47-18-109, allows a prevailing consumer to recover actual damages, and where the trier of fact finds the conduct was a willful or knowing violation, the court may award up to three times the actual damages, plus reasonable attorney fees and costs.
Tennessee contractor licensing
Tennessee requires a contractor's license under Tenn. Code Ann. section 62-6-101 et seq. for any project where the total cost (including labor and materials) is $25,000 or more. The license is issued by the Tennessee Board for Licensing Contractors and must be held before the bid is submitted, not at some later date.
Under Tenn. Code Ann. section 62-6-103, an unlicensed contractor who performs work above the threshold is limited at trial to recovery of actual documented expenses only, with no profit and no overhead. The Tennessee Supreme Court has repeatedly enforced this provision.
Whether the contractor holds a current Tennessee license in the correct classification is one of the first things I confirm. The Board's license-lookup database is public.
Breach of contract
Tennessee breach of contract law follows the standard elements: a valid and enforceable contract, performance by the plaintiff or a valid excuse, breach by the defendant, and damages. Where the contractor's written proposal or change order included specifications, warranty language, or a stated cure window, those provisions become the breach hooks.
For a project where the contractor undertook to install and then to remediate, both the original installation and the failed remediation each constitute potential breaches.
Breach of express and implied warranty
Where the dispute involves a product (a coating system, an HVAC unit, a roofing membrane), the goods-versus-services analysis under Tennessee's adoption of UCC Article 2 (Tenn. Code Ann. Title 47, Chapter 2) matters. Most contractor installation matters are mixed transactions. Tennessee follows the predominant-purpose test. Where goods are predominant, Tenn. Code Ann. section 47-2-313 (express warranties created by affirmation, promise, or sample) and section 47-2-314 (implied warranty of merchantability) apply.
Where the transaction is predominantly services, the analogous claims are the implied warranty of workmanlike performance recognized in Tennessee case law for construction matters, and breach of express warranty under contract law.
Magnuson-Moss Warranty Act
For consumer products covered by a written warranty, the federal Magnuson-Moss Warranty Act (15 U.S.C. sections 2301 to 2312) is sometimes available. It supplements state-law warranty claims and adds an attorney-fee-shifting provision (15 U.S.C. section 2310(d)(2)) that can materially change a contractor's settlement math. Whether Magnuson-Moss applies depends on whether the installation crossed the threshold from consumer product to fixture, on the wording of any written warranty, and on the dollar threshold for federal jurisdiction.
Limitations and repose
| Claim type | Period | Statute |
|---|---|---|
| Breach of written contract | Six years from breach | Tenn. Code Ann. section 28-3-109(a)(3) |
| Breach of contract for sale of goods (UCC) | Four years from breach | Tenn. Code Ann. section 47-2-725 |
| Tort claims for injury to real property | Three years from injury | Tenn. Code Ann. section 28-3-105 |
| TCPA actions | One year from discovery (and within five years of unlawful conduct) | Tenn. Code Ann. section 47-18-110 |
| Statute of repose, improvements to real property | Four years from substantial completion | Tenn. Code Ann. section 28-3-202 |
How I structure a strong Tennessee demand letter
A pre-litigation demand letter is not a settlement plea. It is the first piece of paper in what may become a lawsuit, and it should read that way. The structure I use, in order:
- Identification of the parties and the contract. The original written agreement, the date of execution, any change orders, and the price.
- The specific representations made by the contractor. Cure window, performance characteristics, warranty terms, white-glove service promises. Each representation pinned to a date and a source (proposal, email, in-person rep with witness).
- The factual record of what went wrong. Date of installation, dates and content of every complaint, dates and content of every remediation attempt, current condition. Persistent chemical odor, continuing VOC off-gassing, failed top coat, damaged personal property during remediation, each described with specificity.
- The legal theories. TCPA section 47-18-104(b)(5) and (7) misrepresentation, breach of contract, breach of express warranty regarding cure time, breach of implied warranty of workmanlike performance, where applicable Magnuson-Moss. Cite the statute or code section. Vague references to "consumer protection law" are weaker than a quoted, specific provision.
- The damages calculation. Itemized. Cost of replacement or full refund, diminution in value, loss of use (including lost rental income where the property was intended for short-term rental), consequential damages for personal property damaged during remediation, treble damages potential under TCPA, attorney fees and costs.
- The settlement demand. A specific dollar number with a stated breakdown.
- The deadline. Fourteen days from receipt is standard for a non-emergency matter. Stated as a calendar date, not a relative date.
- The consequences of non-response. Filing of a complaint in the appropriate Tennessee court, notification to the Tennessee Board for Licensing Contractors and the Tennessee Attorney General's Division of Consumer Affairs, demand for preservation of evidence.
The letter goes by USPS certified mail with return receipt requested, plus email to every known contact address, and where the contractor is a registered Tennessee entity, to the registered agent on file with the Tennessee Secretary of State.
Common Tennessee contractor remediation-failure patterns
Polyaspartic and polyurea floor coating failures
Polyaspartic and polyurea coatings cure rapidly (typically within hours under correct conditions) and are marketed as low-odor and ready for use in days. A persistent chemical odor five months after installation is not normal. The likely explanations include: incorrect mix ratio, insufficient surface preparation that trapped moisture under the coating, application temperatures outside the specified window, incompatible primer and topcoat chemistry, or contamination of the coating components. Each of these is an installer or product-selection failure, not a property owner failure.
Where the company then applies an additional topcoat and the odor still persists, the second application becomes its own breach: the remediation did not remediate. It also strengthens the inference that the root cause was never diagnosed.
VOC off-gassing past the represented cure window
Volatile organic compound emissions from polyaspartic and polyurea systems should drop to ambient levels well within the curing period stated on the product data sheet. Persistent odor at five months indicates either ongoing emissions from an incompletely cured film or a separate chemistry problem in the substrate. Either way, the system as installed is not performing to the manufacturer's specification, which is itself evidence of a breach of express warranty and a TCPA violation under section 47-18-104(b)(5).
White-glove service representation followed by self-move
Where the contract or proposal includes white-glove moving, furniture protection, or "we handle everything" language, and the property owner is then asked to move furniture themselves, that is a separate breach. Where personal property is damaged or left exposed to the elements during the contractor's remediation, that is consequential damages flowing directly from the contractor's failure to perform.
Low-ball remediation offer after acknowledged defect
A contractor's offer of a small partial credit (commonly framed as "for damages" rather than "for the failed installation") is a recurring pattern. The legal significance is twofold. First, the offer itself is often an admission that the contractor acknowledges the defect. Second, where the offered amount is conspicuously low compared to the actual loss of use and replacement cost, the demand letter can frame the offer as evidence of bad faith for purposes of TCPA's willful or knowing standard.
What I deliver
What I need to draft the letter
- The contractor's written proposal or contract, signed by both parties, including any specifications and warranty language.
- Every change order or amendment, including any documents covering the remediation visit.
- The full email and text-message thread, including the contractor's representations about cure time and product performance.
- Photographs and videos of the installed floor, the conditions inside the building, any property damaged during the remediation, and the remediation work itself.
- The contractor's written offer or settlement proposal (the "$1,500 for damages" offer or whatever form it took).
- Any product data sheets, technical bulletins, or warranty cards that came with the coating system.
- Receipts and valuations for personal property damaged during the contractor's work.
- Any inspection reports, air quality tests, or third-party assessments you have obtained.
- Any communications you have already had with the contractor's licensing or regulatory body.
Ready to move on a Tennessee contractor matter?
I draft Tennessee contractor and construction defect demand letters under California Bar #279869 with a two business day turnaround from receipt of the documentation packet.
Start a Tennessee demand letterSergei Tokmakov, Esq., California State Bar #279869, in practice since 2011. I draft pre-litigation demand letters in Tennessee, California, and other US jurisdictions on a flat-fee basis. I am not admitted in Tennessee. Pre-suit demand letters do not require Tennessee admission; Tennessee litigation does.