“pass through claims” “sovereign immunity” “Kay and Kay Contracting” “Tennessee claims commission” “TDOT” “claims against TDOT”
Continue Reading Just Passing Through: TN Court Rejects Subcontractor’s Pass-Through Claim Against State
Livescribe Smart Pen: That, Too, Is Discoverable in Litigation!
Fellow blogger Matt Handal did a post today about his Livescribe Pulse Smart Pen. I love technology and I absolutely love this gadget! However, Matt’s post raised a red flag to me about the discoverability of taped or recorded conversations in litigation.
For years, lawyers have been requesting "electronic discovery" from the opposing side.
Flooding and Mold: Court Explains Discovery Rule and Effect on Statute of Limitations
You’ve heard about Nashville’s historic flood almost six weeks ago and all the damage that it has caused to thousands of homes throughout Middle Tennessee. Just this morning, Nashville Metro government sent 305 buyout letters to homeowners whose homes were damaged within the floodway, the area where water flows most swiftly during a flood. Today’s
Sometimes It Is Too Late to Withdraw Condemnation Proceedings
Is it too late to discuss a case from 2009? Nah. Especially if the court released the opinion within the past two months. And according to the decision in Shelby County v. Crews (pdf), there are times when it may be too late to withdraw a condemnation petition. That line in the sand appears to be the date after
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
Tennessee State High School Mock Trial Competition Involves Defective Construction Dispute
As reported by the Tennessee Bar Association, the 2010 Tennessee State High School Mock Trial Competition got underway yesterday with the release and publication of the mock problem. 
The case involves a dispute over the design and construction of a 400,000 square foot distribution center featuring a concrete slab-on-grade floor. The primary issue in
Tennessee Supreme Court Says Environmental Laws Are Relevant in Punitive Damage Award Against Contractor
I love seeing a case zig zag through the appellate process … and I especially enjoy reading one where intermediate appellate court reverses the trial court and the highest court then reverses that intermediate appellate court. I know, I’m sick.
In a decision released yesterday, Goff v. Elmo Greer & Sons Construction Company, the Supreme Court of Tennessee reversed
Mississippi Supreme Court to Decide Whether CGL Policy Covers Work by Subcontractors
What is the scope of coverage under a commercial general liability (CGL) insurance policy on a construction project? As most attorneys will tell you, "It depends." It truly depends on the express terms or language of the policy, the cause of the damage, and notably the jurisdiction of the dispute.
The Mississippi Supreme Court heard oral arguments on October
Magic Carpet Ride: Maryland Court Holds Termination of Subcontractor to Be Improper
Released in 1968, the lyrics from Steppenwolf’s psychedelic rock song blare out: "I like to dream, right between my sound machine…" Yep, you remember … the Magic Carpet Ride!
The Maryland Court of Appeals recently decided a construction case based upon a set of pre-contract discussions that Judge Harrell described as a "complicated series of events from
Construction Contracts and Arbitration Provisions: Is the Word “May” Mandatory? Maybe!
You don’t always say what you mean. And you don’t always mean what you say.
In construction contracts, parties attempt to use plain and ordinary words to describe their respective obligations. For example, when the parties use the word “shall” in their agreement, they generally understand that the obligation specified is mandatory. Or when parties use the