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:
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:
As reported in the Nashville Business Journal and News Channel 5 (video), a non-discrimination bill passed on a second reading at Metro Council last week. The council voted 21 to 16 in favor of the bill that would add two new classes to the procurement code Metro contractors already follow. These companies would not be
Initially filed as a class action suit in October 2010 against the USGBC, Henry Gifford’s lawsuit took a turn this week when he filed an amended complaint. The original lawsuit alleged violations of the Sherman and Lanham Acts for “deceiving users” of the LEED rating system. The lawsuit questioned whether "LEED buildings use less energy than conventionally-built
A few months ago, I did a webinar on project documentation. At the end of the webinar, one of the participants asked, Are digital signatures as good as hard copy signatures?
I addressed this exact question in a feature article that I wrote for ABC’s Construction Executive magazine on the paperless construction project.
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
As many of you know, I am involved in the ABA Forum on the Construction Industry, which is the largest organization of construction lawyers in the United States and abroad. The mid-winter meeting is coming up on January 20, 2011 in New York City. The one-day conference focus is “Do You Think it’s
Last week, Jim Gray (chief executive of Gray Construction) flew to New York for a round of meetings. As reported in the New York Times, it was Gray’s newly acquired title as Mayor of Lexington, Kentucky that prompted his visit to New York to chat with Mayor Bloomberg. Contractors and politics … what
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
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