Contract Negotiation Archives | Tennessee Construction Lawyers

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Construction Law Attorneys

Contract Negotiation

Wally Irvin

February 22, 2018

“Pay that man his money,” or don’t. Contingent Payment in Tennessee for Subcontractors

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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- Contract Negotiation, Subcontractors, Tennessee Case Law
- contingent payment, Contracts, Subcontractors
Wally Irvin

April 20, 2017

AIA Releases 2017 Construction Contract Documents

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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- Architects, Contract Negotiation, Contractors, Design Professionals, Engineers
- AIA, Architects, Construction Contracts, Engineers, General Contractors
Paul Whitt

March 21, 2016

It’s All in the Contract: Design Professionals

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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- Architects, Contract Negotiation, Design Professionals, Engineers
- Architects, Contracts, Engineers
Tennessee Construction Lawyers

January 26, 2016

Prevailing Parties Get the Fees

Tennessee follows the “American Rule” concerning attorney fees. Accordingly, even if a party wins his case, he is not entitled to attorney fees unless there is a contract or statute providing a recovery. There are a few other narrow situations that provide attorney fees based on a recognized exception, but…

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- Contract Negotiation, Contractors, Design Professionals, Subcontractors, Tennessee Case Law
- Attorney Fees, legal issues, Prevailing Parties
Jason Pannu

September 8, 2015

NLRB Changes Joint Employer Standard with Major Implications for General Contractors

The National Labor Relations Board (“NLRB”) recently issued its decision in Browning-Ferris Industries of California, Inc. In a 3-2 decision (along party lines), the NLRB changed the standard for who may be considered a joint employer under the National Labor Relations Act. In the construction industry, this decision could make it more…

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- Contract Negotiation, Contractors, Employment Law, Legal Issues, Subcontractors
- Employment Law, General Contractors, Subcontractors
Tennessee Construction Lawyers

August 25, 2015

Design Professionals Need Intellectual Property Clauses in Contracts

“Just because you start, does not mean you will finish!” A recent case out of the Court of Appeals for the 5th Circuit reminds us of parties’ needs for careful contracting, particularly on the point of design ownership. In Hunn v. Dan Wilson Homes, Inc. 789 F.3d 573 (5th Cir. Tex. 2015), the Court…

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- Architects, Contract Negotiation, Design Professionals, Legal Issues
- Architects, Copyright