Tennessee contractors should be aware of a couple of upcoming changes to the Tennessee contractor license laws. House Bill 0906 / Senate Bill 0355 passed unanimously yesterday. Audited and Attested Financial Statements Currently, an applicant requesting a Tennessee contractor license with monetary limits of $1.5 million or greater is required to submit financial statements that are audited and attested to by … Read More
What’s Next For Federal Contractors?
A special guest post by Lewis Thomason employer lawyer Janet Hayes. When it comes to signing Executive Orders, President Barack Obama proved there is no shortage of ink in the presidential pen. Obama’s sweeping executive actions frequently targeted federal contractors. While President Trump’s agenda is vastly different from his predecessor, he has already proven he shares Obama’s love for the … Read More
Contracting in Tennessee – 5 Simple Tips
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, offering to engage, or negotiating a price for projects of $25,000 or … Read More
The Business of Construction: Payment Disputes
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 obligation with a payment for less than the amount shown … Read More
Executive Order Creates Temporary License Exam Waiver
In response to the recent wildfires that swept through Gatlinburg and surrounding areas in east Tennessee, Governor Haslam issued Executive Order No. 61. The Order permits a temporary contractor’s license to be issued to provide for the protection of the health, safety and welfare of the public. Qualified contractors may apply for an examination waiver for a temporary six (6) … Read More
Contractors, did you know . . . ?
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 form of misconduct. So is the failure to respond to … Read More
CHANGE IS IN THE AIR: State to Pilot “Expertise Based” Procurement
On August 15, the State of Tennessee Real Estate Asset Management Division (STREAM) held a educational session on a new expertise-based procurement approach it intends to pilot on select future projects within the Capital Projects Group. The presentation was led by John Savicky, with the Arizona State University Performance Based Studies Research Group. In contrast to traditional competitive bidding, the … Read More
Ready. Set. Go Build!
Construction is booming in Nashville. If there is any doubt, simply look at the Nashville Business Journal’s “Crane Watch.” Construction of smart buildings are also easier now thanks to the advancements in technology. One of them is Digital twins for cities that helps builders design and conceptualize large-scale projects. Despite vast amount of new construction, contractors continue to struggle to find … Read More
I Protest! – Government Bid Protest Battles
I have had occasion to work with a number of clients confronted with bad outcomes in a government procurement process. The disputes have involved state, local and University of Tennessee procurements. Although each dispute involved unique issues, some elements are common to any bid protest. Grounds to Protest? The protestor carries the burden of establishing that the procurement agency’s decision … Read More
OSHA and Intoxicated Workers
Is the intoxicated worker’s injury exempt from reporting ?. . . No! In a March 21, 2016 letter of interpretation, OSHA determined that an intoxicated worker’s injury is not exempt from reporting under the work-related exception in Section 1904.5(b)(2)(vi). According to a personal injury attorney, section 1904.5(b)(2)(vi) states “You are not required to record injuries and illnesses if the injury … Read More