Everyone knows that this is a slow week for work … unless you work in retail and there is a mad, crazy 75% off sale. For me, I am using the time to clean up my legal files, assess the deadlines for the next three months, evaluate what went right in 2009, contemplate what went
December 2009
TN Legislative Update: New Workers’ Comp Law Affecting Construction Industry Goes Into Effect January 1, 2010
Back in November, I wrote about a Tennessee Attorney General Opinion that addressed the new workers’ compensation law in Tennessee that requires sole proprietors to carry workers’ compensation insurance on themselves. (Traditionally, there was an exclusion for sole proprietors.) Just after release of the AG-Opinion, the leadership in the state house and senate came to an agreement to…
Lessons from a Bankruptcy Judge: Learn How to Write
"Pay me less before the dispute erupts … or pay me more after the dispute erupts …" is a phrase that many construction litigators have said to their clients. What that means, practically, is that if you invest the time and money to have your attorney review construction contracts before the job starts, you will save time, money and effort later when the dispute…
The Green Construction Performance Bond: The Friction, A Legislative Dilemma and the Current Environment
This guest post was written by Kevin Kaiser of SuretyBonds.com, specializing in teaching consumers about surety bonds through the Surety Bond Education Center. I do not represent Kevin or his company, nor do I sponsor any of their products. Kevin has some great things to say about the surety’s perspective in green construction, which is particularly timely given the …
What Seth Godin and 70 Others Have to Say About the Future
Seth Godin is the bestselling author of ten books on topics about marketing, the spread of ideas and managing both customers and employees with respect. This week, Seth released an e-book, a FREE DOWN-LOADABLE BOOK, that addresses some exciting ideas for the new year.

Why is this important for the construction industry? Just download the book and find…
Tennessee Consumer Protection Act Case Gives Warning to Developers, Builders and Realtors
Every construction litigator in the residential arena knows that a state’s consumer protection laws are good grounds for disputes. Will my client get treble damages? Will they recover attorney fees for deceptive trade practices? Does my client have any defenses to these types of claims?
In Fayne v. Vincent (pdf), the Supreme Court of Tennessee…
Sending Attachments in a Mobile World? Explain What You’re Sending
In this day of Blackberries and iPhones, one of the best communication tips I have ever heard was at the American Bar Association, Forum on the Construction Industry’s fall meeting in Philadelphia a few months ago. Since we live in world of mobile communication and technology, you have to assume that everyone else is on…
Powerhouse Task Force Releases Updated Construction Financing Guide
Two months ago I reported about a new "just holding hands" partnership between Associated General Contractors (AGC) and the Associated Builders and Contractors (ABC) in Tennessee. Although not a partnership, AGC established a task force in early 1999 with members from AGC, the American Subcontractors Association (ASA) and the Associated Specialty Contractors (ASC). Last week, the powerhouse group released its…
Best Practices for Construction Documentation and Record Management Webinar
Although I am out of town this week preparing for a trial, I promised a few attendees that I would share with them my webinar presentation last month. If nothing else, the first slides are entertaining. Let me know if you have any questions and I will chat with you on the other side.
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