Today’s guest post is by fellow Stites attorney Bob Goodrich, Jr., who has been designated by the American Bankruptcy Board of Certification and the State of Tennessee as a specialist in business bankruptcy. For more then 25 years, Bob has represented creditors, creditors’ committees, landlords, and other interested parties in bankruptcy and insolvency related
After Two Rounds, Road Builder Wins $2.5 Million Bonus from TDOT
If you are a contractor, you love hearing about these types of boxing tales: Contractor works his butt off. Owner benefits from the accelerated work. Contractor seeks early completion bonus. Owner rejects the claim based upon technicality. Contractor fights in court … fights on appeal … and wins!
That is exactly what happened in
First Material Breach Rule Applied in Minor Construction Dispute
I have often wondered whether there is such a thing as too small a dispute. Well, the parties in Earl Faulkner v. Tom Emmett Construction Company (pdf) determined to take their $3,000 construction dispute to the Tennessee Court of Appeals. In the end, the Court gave some good instructions on the "first material breach" rule, which
Divided Tennessee Supreme Court Concludes that “Opinion” Can Form Basis of Intentional Misrepresentation Claim
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 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
Word to the Wise Developer: Your Deadline to File Suit May Be Sooner Than You Think
Just because you may win on appeal in one claim does not mean that you have properly preserved your other claims. This was a hard lesson to learn for one developer in the case of B&B Enterprises v. City of Lebanon (pdf), a decision recently issued by the Supreme Court of Tennessee on August
What To Do When Insurance Denial Impedes Construction? One Plaintiff Says Sue.
I previously blogged about the historic flooding in Nashville in May, including insurance flood claims, building permits for repairs, and statute of limitations on mold claims. Today’s post is about a new lawsuit involving an insurance coverage dispute at Opry Mills.
Continue Reading What To Do When Insurance Denial Impedes Construction? One Plaintiff Says Sue.
A Good Roadmap: OH Court Concludes that Disappointed Bidder Can Recover Bid Preparation Costs
It can be a daunting task to mine through the federal and state laws, regulations and court decisions to determine what rights and remedies you may have as a disappointed bidder on a public project. In a case involving a state university construction project, the Ohio Supreme Court recently provided a good road map
On the Fence? Tennessee Courts Will Enfoce Those HOA Covenants
The Tennessee Court of Appeals recently enforced restrictive covenants in a dispute between the HOA and a resident who built a fence without prior approval. He had to tear it down …
Continue Reading On the Fence? Tennessee Courts Will Enfoce Those HOA Covenants