Understanding Tennessee’s Right to Cure Statute: § 66-36-103

When construction defects arise, emotions can run high, and litigation may feel like the only option. However, in Tennessee, the law encourages a more measured approach before heading to court. That’s where Tennessee Code § 66-36-103—commonly referred to as the Right to Cure Statute—comes into play.

This statute establishes a clear framework for resolving construction defect disputes outside the courtroom, giving contractors and design professionals a chance to inspect, respond, and potentially remedy alleged issues before a lawsuit is filed.

Let’s break it down.

What Is the Purpose of the Right to Cure Statute?

The goal is to reduce unnecessary litigation and encourage dispute resolution through communication, inspection, and voluntary repair. It applies to claims against prime contractors, remote contractors, and design professionals related to construction defects in a structure.

Step-by-Step Overview of the Right to Cure Process

1. Notice of Claim (Subsection a)

Before filing a lawsuit, the claimant must serve a written notice of the alleged defect. Ideally, this should be done within 15 days of discovering the issue—although failure to do so within that window does not bar a lawsuit unless a contract specifically requires otherwise.

2. Inspection and Testing Rights (Subsection b)

Within 10 business days, the contractor or professional receiving the notice may inspect the structure, including destructive testing if needed (with prior written notice and a promise to repair any damage caused by such testing).

The claimant must grant reasonable access during normal working hours.

3. Notification to Others (Subsection c)

If the initial recipient believes another party (such as a subcontractor or another design professional) is responsible, they must forward the notice to that party within 10 days, specifying which defect(s) they believe that party caused.

4. Internal Response (Subsection d)

Each party receiving a forwarded notice must respond to the one who forwarded it within 10 business days, including:

• Their inspection findings
• Willingness to repair or settle
• A timeline for any proposed corrections

5. Response to the Claimant (Subsection e)

Within 30 days of receiving the original notice, the party must respond to the claimant with one of the following:

• A written offer to fix the defect at no cost, including a detailed plan and timeline
• A monetary settlement offer
• A statement disputing the claim

6. Rejection or Acceptance of the Offer (Subsections f–i)

• If no response is given within 30 days, the claimant may proceed with legal action.
• If the claimant does not reject a repair or settlement offer within 15 days, the offer is deemed accepted.
• If the offer is rejected, the claimant must write “REJECTED” on the offer and return it within 15 days.
• If the claimant accepts an offer and the contractor fails to act as agreed, they may then file a lawsuit. If the contractor fulfills the terms, the claimant cannot sue over that issue.

7. Access for Repairs (Subsection j)

When repairs are accepted, the claimant must provide reasonable access for the contractor to perform the work according to the agreed schedule.

What Are the Legal and Procedural Implications?

• Failure to follow these procedures is admissible in court and could impact the case (Subsection k).
• Emergency repairs are allowed without notice.
• Making a repair offer does not admit liability.

Tolling of the Statute of Limitations (Subsection l)

Filing a written notice pauses the statute of limitations for either:

• 180 days from receipt of the notice, or
• 90 days after the repair period ends (if repairs were agreed upon)

This ensures that the legal clock doesn’t run out while parties try to resolve things amicably.

Additional Provisions to Keep in Mind

This law:

• Does not override contractual terms that provide for different notice or cure procedures (Subsection n).
• Does not create new legal rights or defenses, nor does it limit claims beyond the procedures outlined.

Need Guidance on a Construction Defect Dispute? Contact The Cromeens Law Firm Today

Tennessee’s Right to Cure Statute aims to reduce litigation by encouraging early resolution and open dialogue between homeowners and construction professionals. It provides both parties with a structured timeline and clear responsibilities.

If you’re a property owner, contractor, or design professional facing a construction defect issue, understanding and following this process is crucial. Not only could it save you time and legal fees, but it might also preserve business relationships and lead to faster resolution.

For complex disputes or when in doubt, consulting an attorney familiar with Tennessee construction law is highly recommended.

Call The Cromeens Law Firm at (713) 715-7334 or schedule a consultation online to get the strategic legal support you need.

Disclaimer: This post is for informational purposes only and does not constitute legal advice. Always consult a licensed attorney for guidance on your specific situation.