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
A Fine Line: What the Law Says about Contractor Delays to Subcontractor Work
As a general proposition, if the owner delays the prime contractor by not performing its contractual obligations, the prime contractor is entitled to relief, including damages for delay or extensions of time. This is actually a rather common situation and most contracts contain clauses and provisions that govern such occasions. But what happens when the
TN Passes Legislation on What Constitutes “Good and Solvent” Surety Bonds for Construction Projects
I just received an update from Kent Starwalt at the Tennessee Association of Road Builders and Brian Egan, Construction Division Director at TDOT, regarding new state requirements for payment and performance bonds in Tennessee. The requirements apply to "contractors entering into contracts with any city, county or state authority for public works within this state."
Tennessee Approves Pilot Program for CM/GC Project Delivery on Select TDOT Projects
It has been some time in the making, but on May 13, 2013, Governor Haslam signed into law HB-0183, which authorizes a pilot program for the use of a construction manager / general contractor (CM/GC) project deliver method in the development and construction of transportation projects.
Generally, the CM/GC project delivery method allows
General Assembly Moves to Repeal Tennessee’s Prevailing Wage Act
When I moved to Nashville in 2006, I was sworn into the Tennessee bar by a local judge. My partner happened to be in trial on a significant prevailing wage dispute, and the court a break during the trial to admit me to the practice of law in Tennessee. Five minutes later, the parties returned
No April Fools’ Joke: Supreme Court Takes Appeal in Construction Case
Last week, I saw a Tweet about the United States Supreme Court granting certiorari in a construction dispute … and I thought it had to be an April Fools’ Day joke because they never take construction cases on appeal. So, being quite the jokester, I naturally sent out the following Tweet:
Well, the joke is on
Breaking News: The New I-9 Form Was Just Released Friday!
Labor and employment laws regularly intersect with the construction industry–particularly when you are dealing with employment issues such as the hiring and firing of employees. Today’s post is about a new I-9 form that was just released last Friday.
Continue Reading Breaking News: The New I-9 Form Was Just Released Friday!
Contractors: What is UETA and Why Should You Care?
Given the increase of today’s mobile technologies available on the construction site … from smart phones, to iPads and tablets, to electronic drawings and specifications … there are going to be new disputes involving those technologies. Today’s post addresses the use of EMAILS on a project.
Continue Reading Contractors: What is UETA and Why Should You Care?
Are There Limits to Your Freedom to Contract in Construction Agreements? Yes.
Yes, there are limits to what parties can include in a construction contract. For example, many states like Tennessee have choice of law and venue statutes that make it unlawful to include a provision in a contract requiring the substantive laws of another state or the venue of litigation/arbitration in another state for real estate
New Pennsylvania Law Allows PPPs for Construction Projects
Last week, ENR’s Digital Wire highlighted an article in the Pittsburg Post-Gazette by Jon Schmitz about Pennsylvania’s new law to boost private investment in public projects through PPPs. According to the article, there are numerous major projects in the pipeline that will garner interest from private investors, including highways, bridges and other transportation facilities.