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
How Do the New Health Care Laws Affect Your Construction Company?
Not only does construction affect the health care industry, but health care affects the construction industry. Today’s post reviews some major provisions that may affect your construction company.
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Where’s Matt? Speaking about Construction Law in Texas and North Carolina
Where’s Waldo? The real question is, Where’s Matt? If you’ve wondered where I have been the past few days, try looking in Texas and North Carolina. I have been preparing to speak at two construction law conferences in two different states. Look closely and you might find me.
On Thursday, I will be speaking at
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.
It’s Puzzling: Explaining a Statute of Repose for Construction Defects
As I stepped out of the shower this morning, something stuck to the bottom of my foot. It was Florida. … Today’s post features an explanation of the statute of repose for construction defects.
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Guest Post: State Lien Law Surprises
Today’s guest post is by Dan Douglass, a fellow construction partner in the Construction Service Group at Stites & Harbison PLLC. He is listed in the 2007, 2008, 2009 and 2010 Georgia Super Lawyers magazine and is listed in The Best Lawyers in America® (2009-2011) for Construction Law.
In these difficult economic times, lien rights are even more
Locality and Project Type: Two Factors Driving Union Labor on a Construction Project
Last Sunday, the headline from the Tennessean read "Unions shrink but stay active." Although the article focused on the use of union labor on Nashville’s convention center project currently underway, it provided a glimpse of the bigger picture of what is happening with labor groups in the construction industry.
In Tennessee, the