In a recent Tennessee Court of Appeals decision, Nowaczyk v. Daniels Construction (Nov. 4, 2025), a contractor tried to disqualify the trial judge because the judge happened to live in the same neighborhood as a potential expert witness for the
While most states have enacted various forms of prompt payment laws for construction projects, California Senate Bill 440, known as the Private Works Change Order Fair Payment Act, marks a pivotal change in how payment obligations related to
Arbitration has long been viewed as a faster, more efficient alternative to litigation. But anyone involved in construction disputes today knows that is not always the case. The process can be just as costly, sometimes taking as long as a
As a construction litigation lawyer, dispute resolution is a recurring issue. It starts before the project begins at the time of contract negotiation, where the parties decide whether to require litigation or arbitration of their disputes. During project performance, disputes
Picture this: A contractor is nearly finished with a major dam stabilization project, but a series of Owner-directed changes pushes the last phase of the work into late fall and early winter. Instead of working through the relatively dry conditions
Yesterday, the Sixth Circuit issued its opinion in Feagin v. Mansfield Police Department et al (Sept. 11, 2025), which involved an excessive force claim by a criminal defendant. Following his conviction for firearm and drug trafficking charges, the defendant
The title of this post says it all. No need for a catchy story about my kids or a play on words. In what had been an often debated issue in trial courts across Tennessee, the Court of Appeals recently
The headlines in Nashville, Tennessee are hard to miss: “Construction work force taking a hit amid ICE operations in Middle Tennessee” and “Tennessee ranks near the top for ICE arrests” For contractors and subcontractors, these are
A few weeks ago, I took two of my girls to New York City for a quick overnight trip to see two Broadway shows. My rule for packing was simple: one backpack each. No rolling bags, no extras. We were
If you’ve handled construction disputes, chances are you’ve interacted with the American Arbitration Association (AAA). As one of the leading forums for alternative dispute resolution in the industry, the AAA is central to how many construction contracts manage conflict. According
