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
Medicinal Marijuana and the Job Site: The Conflict Between Federal and State Laws
Depending on where you live, owners of construction companies may have a new dilemma to address with their employees: medicinal marijuana. The conflict puts the company’s safety and employment policies often dictated by federal law directly up against what may be an individual’s rights under state law.
Stephanie Simon reports in this morning’s Wall Street
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
Muchos Problemas: Music City Center Highlights TN’s “Immigrant Labor” Construction Laws
Last night, the evening news reported that Tennessee House Democrat Leader Mike Turner planned to file a complaint with the Department of Labor, alleging that "one of the contractors working on the Music City Center project is hiring illegal immigrants." Turner stated that he received the information from an inside source.
Just Passing Through: TN Court Rejects Subcontractor’s Pass-Through Claim Against State
“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
Cost v. LEED Certification Debate Continues: One County Finds Middle Ground
It really is impossible to put your arms around the number of green building and energy performance policies and codes that are sprouting up all across the nation. When a project involves private commercial development or public investment, one of the most discussed issues is whether the cost of obtaining LEED certification from the U.S.
Check Out the 2009 Construction Law Update for Construction Cases and Statutes
In the weeks leading up to the ABA Forum on the Construction Industry’s annual meeting in Austin, Texas, a number of construction attorneys and I were feverishly reviewing submissions for Division 10’s annual Construction Law Update. The document is a compilation of cases and legislation affecting the construction industry. The updates are provided throughout the
Make Up Your Mind Mother Nature: Construction Law and Weather Delays
My children have been mad at Mother Nature over the past month. One day … jeans, turtle necks and jackets. The next day … shorts and flip-flops. At least in the South we have not had to deal with 30 inches of snow like on the East Coast. That kind of weather can cripple a