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Paul Whitt
January 13, 2017The 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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September 11, 2015
The Contractor’s Burden in Cost-Plus Contracts
Continue Reading »Unlike many other civil claims, when a contractor seeks to recover amounts allegedly due from the owner under a cost-plus contract, the contractor has a heightened burden to prove the amounts owed by itemizing each and every expenditure made by the contractor on the project. The reason this is different…
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August 31, 2015
Initial 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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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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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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