Tennessee Construction Lawyers

News and Thoughts on the Construction Industry from Construction Law Attorneys

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By: Lewis Thomason

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Tennessee Construction Lawyers
John Craig Howell
David Draper
Wally Irvin
Paul Whitt

Latest from Tennessee Construction Lawyers

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 to pass amendments sought by a unified coalition across the industry. The amendments were necessary to provide clarity to, and uniformity between, the…
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Employers across the entire spectrum of the economy are grappling with impacts to operations and ongoing business functions brought on by the Covid-19 pandemic.  With remote workforces, the construction industry faces some unique challenges, especially in the face of pressure to part with and donate PPE that workers use every day. On March 30, Governor Lee issued Executive Order 22, imposing a state-wide Stay Home order, effective March 31 through April 14.  It appears the…
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Come senators, congressmen please heed the call Don’t stand in the doorway don’t block up the hall For he that gets hurt will be he who has stalled There’s a battle outside and it is ragin’. It’ll soon shake your windows and rattle your walls For the times they are a-changin’. -Bob Dylan- A battle is raging in Tennessee as Senator Jack Johnsonpushes a bill that seeks to significantly alter the way construction payments…
Want to learn more about safety?  Attend SafetyFest Tennessee 2019 a free health and safety training held April 29 – May 3, 2019 in Oak Ridge and Knoxville, Tennessee.  SafetyFest is a combined effort of federal, state, and local agencies, businesses, and non-profit organizations to promote safety and health at work, home, and in the community.  The primary goal of SafetyFest is to make the region the safest place to work and live in the…
This year our seminar is titled Construction: On And Off The Field, and will be held in Knoxville on August 17th at the Fox Den Country Club.  This seminar is aimed at offering practical advice for all parties involved in the construction business from a legal viewpoint.  Our practice group will be discussing matters concerning project communications, employment issues, mitigating data breaches, I-9 compliance, resolving payment issues, and emerging construction technology.  This year we are…
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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 any individuals or entities that may be involved in a claim concerning the defect or failure, and provide them with reasonable opportunity to inspect and…
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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 under the contractor. T.C.A. §12-4-201. The purpose of the bond is to afford protection to both the government owner, as well as furnishers of…
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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 the insurance company’s complaint. Recently in Tennessee Farmers Mutual Insurance Company v. Southern Damage Appaisals, LLC, the Tennessee Court of Appeals applied the subrogation…
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While most of modern commerce and our daily lives have seen a dramatic increase in the use of automation and/or robots, construction sites have been one area where robots were slow to arrive. However, that does not appear to be the case any longer. A recent article published by the Associated Press highlighted the trend toward robotics and automation at construction sites in the U.S. This article (“Robots break new ground in construction industry”, by…
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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 illusory.  Pay-if-paid and pay-when-paid provisions are frequently misunderstood. A pay-if-paid provision shifts the risk of nonpayment from the contractor to the subcontractor.  If the contractor…