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Construction Law

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    Wally Irvin
    June 16, 2020

    Tennessee Reconstructs Construction Statutes

    Yesterday, Tennessee passed the Construction Industry Payment Protection Act (CIPPA) (SB2681/HB2706), which brings broad amendments to Tennessee’s lien laws, the Truth in Construction Act, the Prompt Pay Act, and Construction Defect statutes. Despite a shortened session that focused primarily on the budget and COVID-19 related bills, the legislature took time…

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    • Construction Law, Contractors, Design Professionals, Legal Issues, Statutes & Legislation, Tennessee Construction, Uncategorized
    • Construction, legal issues, Legislation, Tennessee Statutes
  • Wally Irvin
    March 13, 2019

    THE TIMES THEY ARE A CHANGIN’ – CONTINGENT PAYMENT AND LIENS IN TENNESSEE

    Come senators, congressmen please heed the call Don’t stand in the doorway don’t block up the hall For he that gets hurt will be he who has stalled There’s a battle outside and it is ragin’. It’ll soon shake your windows and rattle your walls For the times they are…

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    • Construction Law, Contractors, Legal Issues, Lien Law, Statutes & Legislation, Subcontractors, Uncategorized
    • General Contractors, Legislation, Lien Law, Materialmens Liens, Mechanics Liens, Subcontractors
  • Tennessee Construction Lawyers
    July 24, 2018

    LT Knoxville Construction Law Seminar 2018

    This year our seminar is titled Construction: On And Off The Field, and will be held in Knoxville on August 17th at the Fox Den Country Club.  This seminar is aimed at offering practical advice for all parties involved in the construction business from a legal viewpoint. All that concerns the…

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    • Construction Law, Knoxville, Legal Issues, Tennessee Construction
    • Construction Seminar, Knoxville Construction
  • David Draper
    June 28, 2018

    Getting Paid on Tennessee Public Projects: the “Little Miller Act”

    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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    • Construction Law, Contractors, Legal Issues, Statutes & Legislation, Subcontractors, Tennessee Construction
    • General Contractors, Little Miller Act, Public Projects, Subcontractors, Tennessee Statutes
  • John Craig Howell
    May 9, 2018

    Statute of Repose and Insurance Company Construction Projects

    A contractor’s “preferred contractor” relationship with an insurance company does not necessarily mean the insurance company can recover under a breach of contract theory when it seeks relief in subrogation from the contractor for faulty work. Such a claim has to be clearly specified as a breach of contract in…

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    • Construction Law, Contractors, Legal Issues, Tennessee Case Law
    • General Contractors, insurance claims, legal issues
  • Wally Irvin
    January 19, 2018

    Government Shutdown Looming, What You Should Know

    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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    • Construction Law, Contractors, Federal Contracting
    • Federal Contracting, General Contractors
  • Paul Whitt
    December 18, 2017

    Tennessee Court of Appeals: Specific mention of “fees” required to enforce attorney’s fee provision

    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 motorcycle accident attorney’s fees in the event of an action to enforce the contract (absent some…

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    • Architects, Construction Law, Contractors, Engineers, Legal Issues, Tennessee Case Law
    • Construction Contracts, General Contractors, Subcontractors
  • Paul Whitt
    November 8, 2017

    Workers Compensation and Construction Sites

    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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    • Construction, Construction Law, Contractors, Statutes & Legislation, Subcontractors
    • General Contractors, Subcontractors, Workers Compensation
  • Wally Irvin
    September 7, 2016

    CHANGE IS IN THE AIR: State to Pilot “Expertise Based” Procurement

    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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    • Architects, Construction Law, Contractors, Design Professionals, Engineers, Statutes & Legislation, Tennessee Construction
    • General Contractors, Procurement, s
  • David Draper
    June 14, 2016

    I Protest! – Government Bid Protest Battles

    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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    • Construction Law, Contractors, Legal Issues, Tennessee Construction
    • Bid Protest, General Contractors, Procurement, Public Projects
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