Construction Defects and the Importance of Preserving the “Scene”

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 … Read More

Getting Paid on Tennessee Public Projects: the “Little Miller Act”

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 … Read More

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 the insurance company’s complaint. Recently in Tennessee Farmers Mutual Insurance … Read More

With a Government Shutdown Looming, What You Should Know

With a Government Shutdown Looming, There are a Few Things Contractors Should Know The failure of Congress to reach an agreement on a short-term spending bill before the end of the day will cause the United States to start the weekend with a government shutdown.  Needing 60 votes to advance the spending bill in the Senate, Republicans face opposition to … Read More

Tennessee Court of Appeals: Specific mention of “fees” required to enforce attorney’s fee provision

It has long been understood in Tennessee that in order to recover attorney’s fees in an action for breach of contract that the contract to be enforced must specifically provide for the recovery of motorcycle accident attorney’s fees in the event of an action to enforce the contract (absent some applicable statute providing for attorney’s fees in certain instances). However, … Read More

Workers Compensation and Construction Sites

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 new legislation passed by the Tennessee legislature in the 2017 … Read More

New Form I-9 Employment Eligibility Verification

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, 18 September 2017, all employers must use the new version … Read More

Commercial Drones in the Construction Industry

Better enjoy those long lunches while they last. According to a recent article in the Economist, commercial drones may soon find their way to a job site near you as a means of improving efficiency and safety in the construction field. Goldman Sachs has run the numbers and predicts that $100 billion will likely be spent on military and civilian … Read More

AIA Releases 2017 Construction Contract Documents

The American Institute of Architects publishes the most widely used form document set in the construction industry.  The AIA revises the construction contract documents approximately every 10 years to address legal opinions and current construction practices.  On April 19, the American Institute of Architects released the 2017 version of its contract documents.  The documents revised in the 2017 version include: A201™-2017      General Conditions of … Read More