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David Draper
April 6, 2020Covid-19 & Construction in Tennessee: Are We Open for Business? Apparently, but . .
Continue Reading »Employers across the entire spectrum of the economy are grappling with impacts to operations and ongoing business functions brought on by the Covid-19 pandemic. With remote workforces, the construction industry faces some unique challenges, especially in the face of pressure to part with and donate PPE that workers use every…
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June 28, 2018
Getting Paid on Tennessee Public Projects: the “Little Miller Act”
Continue Reading »Like many states, Tennessee law requires that a contractor performing work on a state or local project having a contract price of $100,000 or more to post a bond to secure the contractor’s payment for all the labor and materials used by the contractor, or any immediate or remote subcontractor…
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February 20, 2017
Contracting in Tennessee – 5 Simple Tips
Continue Reading »It never ceases to amaze how contractors, particularly those based out of state, run afoul of Tennessee laws. As 2017 progresses, here are few laws that should be kept in mind. Are You Licensed? – A Contractor’s license is required prior to contracting. In Tennessee, “contracting” includes bidding,…
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January 10, 2017
Executive Order Creates Temporary License Exam Waiver
Continue Reading »In response to the recent wildfires that swept through Gatlinburg and surrounding areas in east Tennessee, Governor Haslam issued Executive Order No. 61. The Order permits a temporary contractor’s license to be issued to provide for the protection of the health, safety and welfare of the public. Qualified contractors may…
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September 12, 2016
Contractors, did you know . . . ?
Continue Reading »The Tennessee Board for Licensing Contractors has statutory authority to impose civil penalties for violations of statutes, rules, or orders enforceable by the Board. Orders of the Board are often based on a finding of misconduct. Did you know that failure to abide by a warranty agreement is an enumerated…
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June 14, 2016
I Protest! – Government Bid Protest Battles
Continue Reading »I have had occasion to work with a number of clients confronted with bad outcomes in a government procurement process. The disputes have involved state, local and University of Tennessee procurements. Although each dispute involved unique issues, some elements are common to any bid protest. Grounds to Protest? The protestor…
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April 25, 2016
OSHA and Intoxicated Workers
Continue Reading »Is the intoxicated worker’s injury exempt from reporting ?. . . No! In a March 21, 2016 letter of interpretation, OSHA determined that an intoxicated worker’s injury is not exempt from reporting under the work-related exception in Section 1904.5(b)(2)(vi). Section 1904.5(b)(2)(vi) states “You are not required to record injuries and…
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