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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
Tennessee Construction Lawyers

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
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