Some court decisions provide little instruction for future disputes. Other court decisions give you a great road map for analyzing your claims. Every now and then you find a decision where the court is split and you wonder which side is right, such as the opinion in Davis v. McGuigan (pdf), issued by the
Tennessee Court Resolves (For Now) Venue Rules in Construction Disputes
In Kampert v. Valley Farmer Cooperative (pdf), an opinion issued on October 19, 2010, the Tennessee Court of Appeals validated a forum selection clause in a construction contract that specified venue in a county other than where the property was located.
The primary issue in dispute was whether the proper venue in a case involving
Tennessee Builders’ Ball: An Investment in Future Leaders
There’s a time in every blogger’s life where you simply have to grab your login information by the boot straps, step up to the blogosphere plate, and give a shout-out to another organization’s event, such as:
The Tennessee Builders’ Ball brings together industry organizations to solidify support of the designs, Real Estate and Construction Industries
New Reports Cites “Underinvestment in Transportation” as Major Cause of Project Losses and Layoffs
In a new federal report released last week entitled "An Economic Analysis of Infrastructure Investment"(pdf), the Department of the Treasury, Council of Economic Advisers outlined why now is an optimal time to increase investment in transportation infrastructure.
The short twenty-five page report is, according to AGC, "a sobering reminder of the tremendous economic costs
Where Construction Law and Intellectual Property Law Intersect
Bill Ferrell is a fellow colleague who practices intellectual property law. Recently, Bill wrote an article on what you can do to protect your intellectual property. As I reviewed this list of recommendations, I began to appreciate the intersection between construction law and intellectual property law.
You see, the economic realities currently faced by the construction
5 Construction and Design Lessons from a Healthcare Technology Summit
Two weeks ago I attended the Mobile Healthcare Technology Summit sponsored by Smith Seckman Reid, Inc. in Nashville, Tennessee. The healthcare industry is one of the most regulated ones in the nation, which can present some special challenges for design and construction.
Although the summit focused on mobile technologies in the healthcare industry, I walked away
Webinar: From Paper to Paperless on a Construction Project
Seems like I have been doing a lot of out-of-town speaking lately. Fortunately, my next gig will be in my own office, in front of a computer, with a headset attached. You should consider joining me on October 13, 2010, at 1:00 to 2:30pm (Eastern) for what will be an exciting webinar:
From Paper to
Hot Air Balloons: The Sky’s the Limit in Construction Contracting and Project Management
There is a lot of hot air in Albuquerque, New Mexico this week. And it’s not because I was in town … it’s because of the Albuquerque International Hot Air Balloon Fiesta. This post is about some lessons learned in project management on Indian projects.
Continue Reading Hot Air Balloons: The Sky’s the Limit in Construction Contracting and Project Management
Tennessee Mechanic’s Lien Laws: Timing is Everything
The Tennessee Court of Appeals released another opinion in a construction dispute earlier this week. In East Tennessee Grading v. Bank of America (.pdf), the court grappled with competing ownership claims and made its decision primarily on grounds of timing.
In this case, the owner of a residential development did not pay the