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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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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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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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Jason Pannu
September 16, 2017New Form I-9 Employment Eligibility Verification
Continue Reading »Attention!: Contractors, subcontractors, architects, engineers, material suppliers, owners, anyone with employees. The United States Citizenship and Immigration Services released a revised version of the Form I-9, Employment Eligibility Verification on 17 July 2017. Employers may continue to use the old version of Form I-9 until tomorrow. However, starting on Monday,…
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Brady Cody
July 17, 2017Commercial Drones in the Construction Industry
Continue Reading »Better enjoy those long lunches while they last. According to a recent article in the Economist, commercial drones may soon find their way to a job site near you as a means of improving efficiency and safety in the construction field. Goldman Sachs has run the numbers and predicts that…
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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 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 21, 2016
It’s All in the Contract: Design Professionals
Continue Reading »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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February 16, 2016
More Than Just a Threshold: Compliance with building codes
Continue Reading »So many times, construction industry participants view compliance with the applicable codes or standards as satisfaction of the participant’s duty of care – or evidence by itself that the participant was not negligent in performance of its design and/or construction duties. However, the Tennessee Court of Appeals recently clarified, in…
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