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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
  • Paul Whitt
    July 23, 2018

    Construction Defects and the Importance of Preserving the “Scene”

    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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    • Architects, Construction, Contractors, Engineers, Legal Issues, Subcontractors
    • Construction Defect, General Contractors, Subcontractors
  • 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
  • Jason Pannu
    September 16, 2017

    New Form I-9 Employment Eligibility Verification

    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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    • Architects, Contractors, Employment Law, Engineers, Subcontractors
    • Architects, Employment Law, Engineers, General Contractors, Material Suppliers, Owners, Subcontractors
  • Brady Cody
    July 17, 2017

    Commercial Drones in the Construction Industry

    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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    • Construction, Contractors, Design Professionals
    • Commercial Drones, General Contractors
  • 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
  • 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
  • Wally Irvin
    June 13, 2016

    New GA Law Voiding Indemnity in Design Agreements Only Raises Questions

    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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    • Architects, Design Professionals, Engineers, Statutes & Legislation
    • Architects, Engineers, indemnity
  • 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
  • Paul Whitt
    February 16, 2016

    More Than Just a Threshold: Compliance with building codes

    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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    • Contractors, Design Professionals, Statutes & Legislation, Subcontractors
    • Building Codes
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