In anticipation of what could be an influx of wintry weather, the Tennessee Department of Transportation has made arrangements to ensure the state’s roadways stay clear. According to the Johnson City Press, TDOT has distributed more than 200,000 tons of salt and 2 million gallons of brine to stations in each of the state’s
Project Management
Paper to Paperless: Webinar on Construction Documentation and Risk Management
You will rarely find me advertising on this blog. However, throughout the year I regularly receive inquiries about electronic discovery, mobile apps, and the paperless project. And every couple of years I partner with the Construction Pro Network to address these issues. I am pleased to announce that I will be doing a Webinar on…
Best Practices for Developing a Contractor’s Request for Compensation
My mentor and good friend, Cordell Parvin, has over the years shared with me some great best practices for contractors—whether talking about bid protests, accidents on the jobsite, or filing a claim.
Recently, Cordell sent me a list of items that all contractors should review when developing a request for additional compensation. I have…
AIA’s Updated Design-Build Documents Highlight Some Best Practices
The American Institute of Architects (AIA) recently released seven updated documents in its design-build family. According to AIA, the 2014 Design-Build documents enhance the early interaction between the Owner and the Design-Builder, calling for clearly defined and mandated Owner’s Criteria for the Project and requiring submission of a Preliminary Design by the Design-Builder.
AIA Documents…
Bargaining Room v. False Claims: 5 Tips for Negotiation of Construction Claims
Earlier this week, a settlement was reached in dispute where the contractor and designer were alleged to have filed false claims with the U.S. Government on two road projects in South Carolina. The issue raises an important question: What should a contractor do during negotiations to allow for some “bargaining room” so as to avoid…
Infographic: Safety In Construction Industry Explained
On June 2, 2014, the AGC of Middle Tennessee will be partnering with other construction trade associations across the state, Tennessee OSHA Outreach Training Centers, as well as TOSHA to have a statewide construction “Fall Protection Safety Stand Down.” As you may be aware, fall construction accidents are one of OSHA’s Focus Four Hazards.
On…
8 Best Practice Tips for a Schedule Analysis of Construction Delays
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Any Problems with One Owner and Multiple Contractors? Sometimes.
Increasingly, two or more contractors may each have a separate contract with the owner for different portions of the work on a single project.
Interference may arise, for example, from one contractor’s storage of materials on a site where the other has work to perform, or from one contractor’s failure to progress with work that…
Can a Subcontractor Recover When Delays Are Caused by Another Subcontractor?
Recovery for unreasonable delays caused by others can be based upon a breach of an implied obligation not to hinder or delay the other party’s performance. Wow, that’s a mouthful! Let’s look at an example.

In Foster & Creighton Company v. Wilson Contracting, the Tennessee Court of Appeals reviewed a case involving a project…
Walking a Tightrope: EEOC Guidance to Avoid Negligent Hiring by Construction Companies
Today’s guest post is from my good friend and law partner, M. Clark Spoden, who focuses on business litigation, labor and employment, environmental and construction law. The full article was published by Construction Executive. You can contact Clark at clark.spoden@stites.com.
Last April, the U.S. Equal Employment Opportunity Commission (EEOC) issued…


