Today’s post is about the Spearin Doctrine, tweeted in less than 140 characters:
US v. Spearin: Owner designs. Contractor builds. Owner accepts. Work sucks. Owner sues. Contractor absolved. Owner loses.
Continue Reading The Spearin Doctrine In Less Than 140 Characters
As you may be aware, one of the greatest risks on a construction project involves the payment process. Particularly in these economic hard times, a contractor and its subcontractors and suppliers expect to be paid on a timely basis once the work has been performed.
Continue Reading Fourth Circuit Concludes that “Pay if Paid” Clause is Unambiguous and Enforceable
On Thursday, I will be joining a panel of construction attorneys and consultants to address the issue of aging infrastructure in America and, in particular, how to finance all the work that needs to be done.
Our panelists include:
Christopher Montez, Thomas, Feldman & Wilshusen, LLP, Dallas, TX
Kenneth R. Baker, Hill International,
I wonder who that sad little scrap of paper is? Do you know? Oh, yeah, he’s just a bill … he’s just a bill on capitol hill.
https://youtube.com/watch?v=H-eYBZFEzf8%26hl%3Den_US%26fs%3D1%26rel%3D0%26color1%3D0xe1600f%26color2%3D0xfebd01%26border%3D1
You knew that Nashville was the Music City, right? Reminiscent of the "Schoolhouse Rocks" days, last night I attended the kick off dinner for the AGC of
My wife thinks I am nerd. She’s right. I rushed the kids to bed early one night last week so that I could sit in the kitchen to watch . . . okay . . . I will say it . . . the Metro Nashville Council vote on the fanancing package of the new convention center
On December 24, 2009, the United States Senate voted to pass its own version of the health care package. You have probably heard cries about the length of the bill (1,990 pages). You have probably heard the cries about the costs. But have you heard about an amendment that may significantly affect the construction industry?
According
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
Back in November, I wrote about a Tennessee Attorney General Opinion that addressed the new workers’ compensation law in Tennessee that requires sole proprietors to carry workers’ compensation insurance on themselves. (Traditionally, there was an exclusion for sole proprietors.) Just after release of the AG-Opinion, the leadership in the state house and senate came to an agreement to
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
The U.S. Environmental Protection Agency yesterday issued a final rule in an effort to reduce water pollution on construction sites. The rule, which is set to take effect in February 2010 over a four-year period, is targeted to improve the quality of water nationwide. According to a press release by the EPA, the impact is significant:
Construction activities like clearing, excavating and