Tennessee Case Law Archives | Tennessee Construction Lawyers

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Construction Law Attorneys

Tennessee Case Law

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

January 13, 2017

The Business of Construction: Payment Disputes

The construction industry includes not only completing the project, or fulfilling an order, but also handling the “business” side of the industry. Oftentimes, this “business” side involves payment disputes, including disputes over invoices or payments. One common payment dispute situation involves a party disputing an invoice attempting to satisfy the…

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- Contractors, Legal Issues, Statutes & Legislation, Subcontractors, Tennessee Case Law
- General Contractors, Payment Disputes, Subcontractors
Tennessee Construction Lawyers

January 26, 2016

Prevailing Parties Get the Fees

Tennessee follows the “American Rule” concerning attorney fees. Accordingly, even if a party wins his case, he is not entitled to attorney fees unless there is a contract or statute providing a recovery. There are a few other narrow situations that provide attorney fees based on a recognized exception, but…

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- Contract Negotiation, Contractors, Design Professionals, Subcontractors, Tennessee Case Law
- Attorney Fees, legal issues, Prevailing Parties
Paul Whitt

September 11, 2015

The Contractor’s Burden in Cost-Plus Contracts

Unlike many other civil claims, when a contractor seeks to recover amounts allegedly due from the owner under a cost-plus contract, the contractor has a heightened burden to prove the amounts owed by itemizing each and every expenditure made by the contractor on the project. And according to a Johnson…

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- Contractors, Tennessee Case Law
Wally Irvin

August 20, 2015

Be Careful What You Wish For

Attorney’s fees are only recoverable if they are provided for by statute or in a contract. This rule is generally applicable regardless of whether a matter is pursued in litigation through a court or in arbitration. However, the Tennessee Court of Appeals found that under the rules of the American…

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- Alternative Dispute Resolution, Arbitration, Contractors, Subcontractors, Tennessee Case Law
- American Arbitration Association, Attorney Fees
Wally Irvin

August 17, 2015

False Claims Act liability doesn’t stop on the whistle

Failing to ensure certified payrolls are correct lead to a contractor owing three times the amount paid by the government under a construction contract. The False Claims Act imposes liability on persons and companies that defraud the government. Under the FCA, a “whistleblower,” frequently a current or former employee, may…

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- Federal Contracting, Statutes & Legislation, Subcontractors, Tennessee Case Law
- Certified Payroll, False Claims Act, Federal Contracting
Wally Irvin

August 13, 2015

Failure to Serve Notice of Nonpayment Renders Lien Invalid

The Tennessee Court of Appeals affirmed Tennessee’s requirement that remote contractors (subcontractors, sub-subcontrators, material suppliers to a subcontractor, etc.) must serve notices of nonpayment on both the owner and prime contractor (the General Contractor). In Diaz Construction v. Ind. Dev. Board of Metro. Gov’t of Nashville and Davidson County, a…

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- Lien Law, Statutes & Legislation, Subcontractors, Tennessee Case Law
- Lien Law, Notice of Nonpayment, Subcontractors