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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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David Draper
June 28, 2018Getting Paid on Tennessee Public Projects: the “Little Miller Act”
Continue Reading »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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Wally Irvin
February 22, 2018“Pay that man his money,” or don’t. Contingent Payment in Tennessee for Subcontractors
Continue Reading »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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November 8, 2017
Workers Compensation and Construction Sites
Continue Reading »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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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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February 20, 2017
Contracting in Tennessee – 5 Simple Tips
Continue Reading »It never ceases to amaze how contractors, particularly those based out of state, run afoul of Tennessee laws. As 2017 progresses, here are few laws that should be kept in mind. Are You Licensed? – A Contractor’s license is required prior to contracting. In Tennessee, “contracting” includes bidding,…
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January 13, 2017
The 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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September 12, 2016
Contractors, did you know . . . ?
Continue Reading »The Tennessee Board for Licensing Contractors has statutory authority to impose civil penalties for violations of statutes, rules, or orders enforceable by the Board. Orders of the Board are often based on a finding of misconduct. Did you know that failure to abide by a warranty agreement is an enumerated…
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February 16, 2016
More Than Just a Threshold: Compliance with building codes
Continue Reading »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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February 12, 2016
BACK TO BASICS: TENNESSEE LIEN LAW PART 4
Continue Reading »In a continuing four-part series, LT Construction Lawyer Wally Irvin discusses the Tennessee Lien Law. Wally recently posted Part 1 of 4 on “Speaking the Lien Language,” Part 2 of 4 on “Lien on What?” Wally continues his examination of the Tennessee lien law, and Part 3 of 4 on…
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