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Paul Whitt
January 13, 2017The Business of Construction: Payment Disputes
Continue Reading »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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Tennessee Construction Lawyers
January 26, 2016Prevailing Parties Get the Fees
Continue Reading »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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September 11, 2015
The Contractor’s Burden in Cost-Plus Contracts
Continue Reading »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. The reason this is different…
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Wally Irvin
August 20, 2015Be Careful What You Wish For
Continue Reading »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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August 17, 2015
False Claims Act liability doesn’t stop on the whistle
Continue Reading »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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August 13, 2015
Failure to Serve Notice of Nonpayment Renders Lien Invalid
Continue Reading »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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