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David Draper
June 28, 2018Getting 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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John Craig Howell
May 9, 2018Statute of Repose and Insurance Company Construction Projects
Continue Reading »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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Wally Irvin
January 19, 2018Government 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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Paul Whitt
December 18, 2017Tennessee 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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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 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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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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Jason Pannu
January 5, 2016OSHA Penalties to Increase Dramatically
Continue Reading »The new bipartisan budget passed by both the House and Senate, and signed by President Obama on November 2, 2015, will increase the penalties issued by the Occupational Safety and Health Administration (OSHA) for the first time in over 25 years. Typically, federal agencies are able to raise their fines…
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