August 2015 | Tennessee Construction Lawyers

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Construction Law Attorneys

Month: August 2015

Paul Whitt

August 31, 2015

Initial Here: Arbitration Clauses & Residential Construction in Tennessee

Initial Here: Tennessee’s Unique Requirement for Arbitration Clauses Concerning Residential Construction The Tennessee Arbitration Act (“TAA”), which is found at Tenn. Code Ann. § 29‑5‑301, et seq., contains a unique provision concerning arbitration provisions related to residential construction. Specifically, Tenn. Code Ann. § 29‑5‑302(a) provides as follows: A written agreement to submit…

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- Alternative Dispute Resolution, Arbitration, Statutes & Legislation
- Arbitration Clause, Residential Construction, Tennessee Arbitration Act
Jason Pannu

August 27, 2015

Recent Changes to the AAA Construction Arbitration Rules

The American Arbitration Association recently made some significant changes to its Construction Arbitration Rules. The Rule changes became effective July 1, 2015. Here are some of the highlights of the changes: R-7. Consolidation and Joinder: Requests to consolidate related arbitrations or join other parties to an existing arbitration must be…

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- Alternative Dispute Resolution, Arbitration
- American Arbitration Association
Tennessee Construction Lawyers

August 25, 2015

Design Professionals Need Intellectual Property Clauses in Contracts

“Just because you start, does not mean you will finish!” A recent case out of the Court of Appeals for the 5th Circuit reminds us of parties’ needs for careful contracting, particularly on the point of design ownership. In Hunn v. Dan Wilson Homes, Inc. 789 F.3d 573 (5th Cir. Tex. 2015), the Court…

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- Architects, Contract Negotiation, Design Professionals, Legal Issues
- Architects, Copyright
Paul Whitt

August 21, 2015

Substantial Completion: It’s complete, even if not perfect

It’s complete, even if not perfect: Tennessee Court of Appeals confirms substantial completion does not mean free from alleged defects Recently, the Tennessee Court of Appeals, in 5 separate cases handled by Lewis Thomason construction lawyers, made clear that a project is substantially complete even if there are alleged defects…

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- Architects, Contractors, Legal Issues, Lewis Thomason, Statutes & Legislation
- Statute of Repose, Substantial completion
Wally Irvin

August 20, 2015

Be Careful What You Wish For

Attorney’s fees are only recoverable if they are provided for by statute or in a contract. This rule is generally applicable regardless of whether a matter is pursued in litigation through a court or in arbitration. However, the Tennessee Court of Appeals found that under the rules of the American…

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- Alternative Dispute Resolution, Arbitration, Contractors, Subcontractors, Tennessee Case Law
- American Arbitration Association, Attorney Fees
Paul Whitt

August 18, 2015

Contracting in the Right Name

It’s all in the name: Tennessee regulation requires construction contracts be in the specific name on the contractor’s license We all know—or should know—that Tennessee requires valid and appropriate contractor’s licenses in order to perform most all construction related activities over $25,000. However, we have seen many contractors fail to…

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- Contractors, Statutes & Legislation
- Contractor License, Contracts
Wally Irvin

August 17, 2015

False Claims Act liability doesn’t stop on the whistle

Failing to ensure certified payrolls are correct lead to a contractor owing three times the amount paid by the government under a construction contract. The False Claims Act imposes liability on persons and companies that defraud the government. Under the FCA, a “whistleblower,” frequently a current or former employee, may…

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- Federal Contracting, Statutes & Legislation, Subcontractors, Tennessee Case Law
- Certified Payroll, False Claims Act, Federal Contracting
Stephen Barton

August 14, 2015

Sears Crosstown Project in Memphis, Tennessee

There have been a number of significant construction and development projects in Memphis, Tennessee recently. Perhaps the most ambitious is the redevelopment of the old Sears Crosstown warehouse located on 19.4 acres at 497 North Watkins near N. Parkway in midtown. Initially built in 1927, it was one of 14…

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- Memphis, Tennessee Construction
- Construction Projects, Memphis, Tennessee
Wally Irvin

August 13, 2015

Failure to Serve Notice of Nonpayment Renders Lien Invalid

The Tennessee Court of Appeals affirmed Tennessee’s requirement that remote contractors (subcontractors, sub-subcontrators, material suppliers to a subcontractor, etc.) must serve notices of nonpayment on both the owner and prime contractor (the General Contractor). In Diaz Construction v. Ind. Dev. Board of Metro. Gov’t of Nashville and Davidson County, a…

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- Lien Law, Statutes & Legislation, Subcontractors, Tennessee Case Law
- Lien Law, Notice of Nonpayment, Subcontractors
Jason Pannu

August 12, 2015

David Garst Recipient of American Institute of Architects/Tennessee Society Presidential Award of Excellence

David Garst received the American Institute of Architects/Tennessee Society Presidential Award of Excellence at the association’s annual convention in Knoxville on July 31, 2015. This was the second time that David has been honored by the AIA Tennessee. In 1997, he received the association’s Presidential Award of Merit for Distinguished…

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- Architects, Lewis Thomason, Tennessee Construction
- AIA, Construction, Nashville