Yesterday, highway and bridge contractors in Tennessee received an alert from from TDOT officials about the affect of heavy rain in the area: "I’m sure most are aware of the anticipated rise in the Mississippi River, but could you please share with all that are working in the Mississippi River area and the backwater areas
April 2011
How To Prove a Constructive Change or Extra Work Claim
Many construction cases that end up in court or arbitration do so because contractors are unable to prove each of the elements of its claim. Additionally, the value of many out-of-court settlements is also reduced because the contractor is unable to prove each of the elements of this claim.

One of the more litigated issues…
Check Out the 2011 Construction Law Update for Construction Cases and Statutes
In the weeks leading up to the ABA Forum on the Construction Industry’s annual meeting in Scottsdale, Arizona, a number of construction attorneys and I were feverishly reviewing submissions for this year’s Construction Law Update. The document is a compilation of cases and legislation affecting the construction industry. The updates are provided throughout the…
How Should You Prepare for a Bid Protest on a Transportation Project?
Not a week goes by that I don’t receive a telephone call or a question from someone asking general bid protest questions. While a bid protest dispute will largely differ based on whether it is a local, state or federal project, here are some ways you can prepare:
- Be prepared to follow the rules.
…
Heart and Mind: Joint Venture Agreements on Construction and Transportation Projects
A recent article in the Nashville Business Journal equated a joint venture on a construction project to a marriage: "Want a successful joint venture? Think seamless."

The article offered several points of what should be addressed in the joint venture agreement before pursuing work:
- Address potential consequences. Parties should address the potential consequences
…
Tune In Thursday for Capital Thinking Radio Show Featuring Matt DeVries
In February, I was featured on Kevin O’Neill’s Capital Thinking Radio Show on the VoiceAmerica Business Network to discuss social media business development tips and legal risks. Well, I’m back to the radio waves tomorrow to discuss new trends in social media, including some recent missteps and use of social media in the political…
Tennessee Governor Haslam Talks to Road Builders About Jobs, Business Growth and Tort Reform
In a room filled with more than a hundred highway and bridge contractors, yesterday Tennessee Governor Bill Haslam helped kick off the Tennessee Road Builder Association’s "Day on the Hill" event. Haslam’s was a welcome voice to this group of business men and women who wanted to hear about ideas for growth, as well as…
Does Time Stand Still? On A Construction Project … No!
I was tucking in my Power Ranger last night when he asked me, "Dad, if the clock is unplugged, does time stand still?" I was awed by the brilliant question by this six-year-old mind. "Of course not," I responded. "Okay, Dad. Goodnight." As simple as that, my genius went to sleep.
On a construction…