Legal Issues Archives | Tennessee Construction Lawyers

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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
Wally Irvin

March 13, 2019

THE TIMES THEY ARE A CHANGIN’ – CONTINGENT PAYMENT AND LIENS IN TENNESSEE

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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- Construction Law, Contractors, Legal Issues, Lien Law, Statutes & Legislation, Subcontractors, Uncategorized
- General Contractors, Legislation, Lien Law, Materialmens Liens, Mechanics Liens, Subcontractors
Tennessee Construction Lawyers

July 24, 2018

LT Knoxville Construction Law Seminar 2018

This year our seminar is titled Construction: On And Off The Field, and will be held in Knoxville on August 17th at the Fox Den Country Club. This seminar is aimed at offering practical advice for all parties involved in the construction business from a legal viewpoint. All that concerns the…

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- Construction Law, Knoxville, Legal Issues, Tennessee Construction
- Construction Seminar, Knoxville Construction
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
David Draper

June 28, 2018

Getting Paid on Tennessee Public Projects: the “Little Miller Act”

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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- Construction Law, Contractors, Legal Issues, Statutes & Legislation, Subcontractors, Tennessee Construction
- General Contractors, Little Miller Act, Public Projects, Subcontractors, Tennessee Statutes
John Craig Howell

May 9, 2018

Statute of Repose and Insurance Company Construction Projects

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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- Construction Law, Contractors, Legal Issues, Tennessee Case Law
- General Contractors, insurance claims, legal issues
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
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
Paul Whitt

November 8, 2017

Workers Compensation and Construction Sites

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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- Construction, Construction Law, Contractors, Statutes & Legislation, Subcontractors
- General Contractors, Subcontractors, Workers Compensation
Jason Pannu

April 19, 2017

Tennessee Contractor License Legislative Update

Tennessee contractors should be aware of a couple of upcoming changes to the Tennessee contractor license laws. House Bill 0906 / Senate Bill 0355 passed unanimously yesterday. Audited and Attested Financial Statements Currently, an applicant requesting a Tennessee contractor license with monetary limits of $1.5 million or greater is required to…

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- Contractors, Statutes & Legislation, Tennessee Construction
- Contractor License, General Contractors