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Paul Whitt
August 31, 2015Initial Here: Arbitration Clauses & Residential Construction in Tennessee
Continue Reading »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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Jason Pannu
August 27, 2015Recent Changes to the AAA Construction Arbitration Rules
Continue Reading »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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Tennessee Construction Lawyers
August 25, 2015Design Professionals Need Intellectual Property Clauses in Contracts
Continue Reading »“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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August 21, 2015
Substantial Completion: It’s complete, even if not perfect
Continue Reading »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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Wally Irvin
August 20, 2015Be Careful What You Wish For
Continue Reading »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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August 18, 2015
Contracting in the Right Name
Continue Reading »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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August 17, 2015
False Claims Act liability doesn’t stop on the whistle
Continue Reading »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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Stephen Barton
August 14, 2015Sears Crosstown Project in Memphis, Tennessee
Continue Reading »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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August 13, 2015
Failure to Serve Notice of Nonpayment Renders Lien Invalid
Continue Reading »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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August 12, 2015
David Garst Recipient of American Institute of Architects/Tennessee Society Presidential Award of Excellence
Continue Reading »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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