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Paul Whitt
July 23, 2018Construction Defects and the Importance of Preserving the “Scene”
Continue Reading »In construction defect claims, failure to preserve the “scene” can be fatal to either a valid claim or a strong defense. Indeed, when a defect or failure is discovered, it is important to do two things, as soon as possible: (1) secure the “scene” and related items and documents; and (2) notify…
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March 21, 2018
Robots in the Construction Industry: Robots and automation arrive on construction sites
Continue Reading »While most of modern commerce and our daily lives have seen a dramatic increase in the use of automation and/or robots, construction sites have been one area where robots were slow to arrive. However, that does not appear to be the case any longer. A recent article published by the…
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December 18, 2017
Tennessee Court of Appeals: Specific mention of “fees” required to enforce attorney’s fee provision
Continue Reading »It has long been understood in Tennessee that in order to recover attorney’s fees in an action for breach of contract that the contract to be enforced must specifically provide for the recovery of attorney’s fees in the event of an action to enforce the contract (absent some applicable statute…
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November 8, 2017
Workers Compensation and Construction Sites
Continue Reading »Workers’ Compensation and Construction Sites: Bureau intends to conduct field inspections of construction sites Contractors, subcontractors and providers of “construction services” in Tennessee face heightened scrutiny for compliance with Tennessee’s workers’ compensation laws, and potential penalties for failure to maintain adequate proof of workers’ compensation insurance at job sites. Under…
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January 13, 2017
The Business of Construction: Payment Disputes
Continue Reading »The construction industry includes not only completing the project, or fulfilling an order, but also handling the “business” side of the industry. Oftentimes, this “business” side involves payment disputes, including disputes over invoices or payments. One common payment dispute situation involves a party disputing an invoice attempting to satisfy the…
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March 21, 2016
It’s All in the Contract: Design Professionals
Continue Reading »We’ve all been told to be careful what we ask for. And that is true. But for design professionals, it is also important to “be careful what you contract for.” Many design professional contracts contain standardized language that has been evaluated and addressed for many years, providing greater certainty as…
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February 16, 2016
More Than Just a Threshold: Compliance with building codes
Continue Reading »So many times, construction industry participants view compliance with the applicable codes or standards as satisfaction of the participant’s duty of care – or evidence by itself that the participant was not negligent in performance of its design and/or construction duties. However, the Tennessee Court of Appeals recently clarified, in…
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October 29, 2015
The Gatlinburg Wastewater Treatment Plant Failure
Continue Reading »Many people in the construction industry in Tennessee, and throughout the U.S., heard about the tragedy that occurred in April 2011 at the Gatlinburg Wastewater Treatment Plant (“Gatlinburg WWTP”) in East Tennessee. However, the way in which the failure occurred should be a clear example for designers and contractors when making…
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October 20, 2015
Lewis Thomason 2015 Annual Construction Law Seminar
Continue Reading »The construction lawyers from the Knoxville office of Lewis Thomason presented their 2015 Annual Construction Law Seminar this past Friday, October 16th. The seminar was a success, with representatives from firms throughout the construction industry attending. The topic of the seminar was “Subcontractors: In the Legal Trenches.” We appreciate all…
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October 6, 2015
Lewis Thomason Annual Construction Law Seminar
Continue Reading »“Subcontractors: In the Legal Trenches” On Friday, October 16, 2015, the construction attorneys from the Knoxville office of Lewis Thomason will present its annual Construction Law Seminar at Fox Den Country Club. Previous seminars have centered on topics such as General Contractors and Building Information Modeling (“BIM”). But, this year’s…
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