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Wally Irvin
February 22, 2018“Pay that man his money,” or don’t. Contingent Payment in Tennessee for Subcontractors
Continue Reading »The payment term is the most important provision of any subcontract. Subcontractors are not typically advanced money at the start of their work, requiring them to front the cost of construction based on the contractor’s contractual obligation to pay. But, a subcontractor must insure the contractor’s payment obligation is not…
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January 19, 2018
Government Shutdown Looming, What You Should Know
Continue Reading »With a Government Shutdown Looming, There are a Few Things Contractors Should Know The failure of Congress to reach an agreement on a short-term spending bill before the end of the day will cause the United States to start the weekend with a government shutdown. Needing 60 votes to advance…
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April 20, 2017
AIA Releases 2017 Construction Contract Documents
Continue Reading »The American Institute of Architects publishes the most widely used form document set in the construction industry. The AIA revises the construction contract documents approximately every 10 years to address legal opinions and current construction practices. On April 19, the American Institute of Architects released the 2017 version of its contract documents. The documents…
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September 7, 2016
CHANGE IS IN THE AIR: State to Pilot “Expertise Based” Procurement
Continue Reading »On August 15, the State of Tennessee Real Estate Asset Management Division (STREAM) held a educational session on a new expertise-based procurement approach it intends to pilot on select future projects within the Capital Projects Group. The presentation was led by John Savicky, with the Arizona State University Performance Based…
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June 28, 2016
Ready. Set. Go Build!
Continue Reading »Construction is booming in Nashville. If there is any doubt, simply look at the Nashville Business Journal’s “Crane Watch.” Despite vast amount of new construction, contractors continue to struggle to find sufficient numbers of well-trained craftsman to complete this work. With the implementation of Tennessee’s lottery and Tennessee Promise scholarships, many high school graduates are eschewing…
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June 13, 2016
New GA Law Voiding Indemnity in Design Agreements Only Raises Questions
Continue Reading »Georgia previously banned indemnity agreements in construction related contracts to the extent they required one party to indemnify another for that party’s sole negligence. On April 26, 2016, Georgia Governor Nathan Deal signed legislation that voids most indemnification and hold harmless agreements in contracts for, or collateral to, engineering, architectural or…
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March 30, 2016
Local Hire? So long, farewell, auf Wiedersehen, good night . . .
Continue Reading »On March 10, less than two months after Mayor Megan Berry imposed requirements implementing Charter Amendment 3, a/k/a Nashville’s local hire law, Governor Haslam signed a bill voiding the amendment. Accordingly, Metro Nashville believes the measure is dead, interpreting the bill to prohibit Metro from implementing Charter Amendment 3 and…
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February 17, 2016
It’s Baaack: Local Hire Amendment Requirements Imposed
Continue Reading »On October 7, 2015, I wrote about the potential death knell for Nashville’s local hiring law. At the time, Herbert Slatery, Tennessee Attorney General, issued a formal opinion in which he found the charter amendment violated Tennessee contractor licensing laws. Additionally, Senator Jack Johnson (R-Franklin) filed a bill seeking to invalidate the measure. …
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February 12, 2016
BACK TO BASICS: TENNESSEE LIEN LAW PART 4
Continue Reading »In a continuing four-part series, LT Construction Lawyer Wally Irvin discusses the Tennessee Lien Law. Wally recently posted Part 1 of 4 on “Speaking the Lien Language,” Part 2 of 4 on “Lien on What?” Wally continues his examination of the Tennessee lien law, and Part 3 of 4 on…
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December 2, 2015
Back to Basics: Tennessee Lien Law PART 3
Continue Reading »In a continuing four-part series, LT Construction Lawyer Wally Irvin discusses the Tennessee Lien Law. Wally recently posted Part 1 of 4 on “Speaking the Lien Language” and Part 2 of 4 on “Lien on What?” Wally continues his examination of the Tennessee lien law. Back to Basics: Tennessee Lien Law POST 3 of 4 (Notice Requirements)…
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