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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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Wally Irvin
April 20, 2017AIA 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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Tennessee Construction Lawyers
November 16, 2015Earn CLE and PDH with Tennessee Construction Lawyers
Continue Reading »It’s that time of year. Thanksgiving is nearly upon us and Christmas is just around the corner, which means one thing: it’s time to make sure you have earned enough CLE and PDH before it is too late. Take a break from the holiday stress and earn your remaining CLE…
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October 29, 2015
The Gatlinburg Wastewater Treatment Plant Failure
Continue Reading »Many people in the construction industry in Tennessee, and throughout the U.S., heard about the tragedy that occurred in April 2011 at the Gatlinburg Wastewater Treatment Plant (“Gatlinburg WWTP”) in East Tennessee. However, the way in which the failure occurred should be a clear example for designers and contractors when making…
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September 2, 2015
Embracing Military Families: Rule Changes by the Tennessee Board of Architectural and Engineering Examiners
Continue Reading »There is a current nationwide trend among various professional groups to embrace more liberal practice admission standards for those who serve in our military, whether directly or by virtue of being a military spouse. According to a recent press release, the Tennessee Board of Architectural and Engineering Examiners passed rules…
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