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Wally Irvin
June 16, 2020Tennessee Reconstructs Construction Statutes
Continue Reading »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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March 13, 2019
THE TIMES THEY ARE A CHANGIN’ – CONTINGENT PAYMENT AND LIENS IN TENNESSEE
Continue Reading »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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March 12, 2019
FREE TRAINING AT SAFETYFEST TN 2019
Continue Reading »Want to learn more about safety? Attend SafetyFest Tennessee 2019 a free health and safety training held April 29 – May 3, 2019 in Oak Ridge and Knoxville, Tennessee. SafetyFest is a combined effort of federal, state, and local agencies, businesses, and non-profit organizations to promote safety and health at work, home,…
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Paul Whitt
July 23, 2018Construction Defects and the Importance of Preserving the “Scene”
Continue Reading »In construction defect claims, failure to preserve the “scene” can be fatal to either a valid claim or a strong defense. Indeed, when a defect or failure is discovered, it is important to do two things, as soon as possible: (1) secure the “scene” and related items and documents; and (2) notify…
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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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March 21, 2018
Robots in the Construction Industry: Robots and automation arrive on construction sites
Continue Reading »While most of modern commerce and our daily lives have seen a dramatic increase in the use of automation and/or robots, construction sites have been one area where robots were slow to arrive. However, that does not appear to be the case any longer. A recent article published by the…
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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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December 18, 2017
Tennessee 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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