Last week Scott Judy, Editor-in-Chief of Southeast Construction magazine, sent me a tweet about a courthouse project in Jacksonsville, Florida where a large number of fake IDs surfaced on the site. As reported in the article, Federal officials discovered about 100 fake documents after looking at the paperwork collected by the city. The mayor was expected to forward
Watch Out Kids: There is a New Exception to the Tennessee Hearsay Rules
I recently read in the Nashville Bar Journal about a new change to the hearsay rules. This is what immediately came to mind. On any given day, I receive a call from my lovely wife about one of my five children who has been put on the witness stand for interrogation by my wife. 
The defendant
Tennessee State High School Mock Trial Competition Involves Defective Construction Dispute
As reported by the Tennessee Bar Association, the 2010 Tennessee State High School Mock Trial Competition got underway yesterday with the release and publication of the mock problem. 
The case involves a dispute over the design and construction of a 400,000 square foot distribution center featuring a concrete slab-on-grade floor. The primary issue in
Tennessee Update: Legislature Looks to Suspend Workers’ Comp Requirements
Following on my earlier post … nevermind. Leadership of the Tennessee House and Senate recently reached a bipartisan agreement to immediately introduce legislation in January 2010 to suspend the effective date of Public Chapter 1041 from January 1, 2010 to February 28, 2011. As reported last week, the new law was enacted to require a sole proprietor
State Football Playoffs: Excusable Delay on Construction Project?
College football in the Midwest. No further comment needed. So it should come as no surprise to see that a construction project in Mishawaka, Indiana was "postponed" as the local football team advanced to the state playoffs.
Although the school’s request to hold off the work crews affected construction for only a few days—and there
Tennessee Supreme Court Says Environmental Laws Are Relevant in Punitive Damage Award Against Contractor
I love seeing a case zig zag through the appellate process … and I especially enjoy reading one where intermediate appellate court reverses the trial court and the highest court then reverses that intermediate appellate court. I know, I’m sick.
In a decision released yesterday, Goff v. Elmo Greer & Sons Construction Company, the Supreme Court of Tennessee reversed
Tennessee Legislative Update: Workers’ Comp Coverage is Required for Sole Proprietors in Construction Industry
Over the past two months, I have received a few inquiries from small business owners about an amendment to Tennessee’s workers’ compensation laws. The primary question is whether the new law, which takes effect on December 31, 2009, will require a sole proprietor to carry workers’ comp insurance on himself? (Traditionally, there was an exclusion for sole
The Problem with Words: They Can LEED to Miscommunication
I have my Google reader set to search various blogs, news sites, and Twitter feeds to help me keep current with the latest trends in the construction industry. There remains one major problem: the words we use have different meanings for everyone.
Take, for example, my search of Twitter feeds (above) for Building Information Modeling (BIM). If you were to do
Mississippi Supreme Court to Decide Whether CGL Policy Covers Work by Subcontractors
What is the scope of coverage under a commercial general liability (CGL) insurance policy on a construction project? As most attorneys will tell you, "It depends." It truly depends on the express terms or language of the policy, the cause of the damage, and notably the jurisdiction of the dispute.
The Mississippi Supreme Court heard oral arguments on October
Construction Law Seminars in the Music City
For all my Nashville and Middle-Tennessee friends, I want to take a moment to highlight two upcoming conferences. Although the programs are geared towards construction lawyers, don’t shy away if you did not get a “shark degree” from Build ‘Em Big University … Each conference offers a little different glimpse depending on your career path.