Arbitration has long been viewed as a faster, more efficient alternative to litigation. But anyone involved in construction disputes today knows that is not always the case. The process can be just as costly, sometimes taking as long as a court case. Yet one thing remains consistent, and it is the most important point for
Court or Arbitration? Why Contractors Can’t Afford to Get this Wrong
As a construction litigation lawyer, dispute resolution is a recurring issue. It starts before the project begins at the time of contract negotiation, where the parties decide whether to require litigation or arbitration of their disputes. During project performance, disputes can often be addressed formally or informally. And after the project is completed, the
Tenn. Court of Appeals Finally Clarifies Contractor Licensing Laws, Holding An “Underlicensed” Contractor Is Violation of Tennessee’s Consumer Protection Act
The title of this post says it all. No need for a catchy story about my kids or a play on words. In what had been an often debated issue in trial courts across Tennessee, the Court of Appeals recently weighed in on the issue of whether an underlicensed contractor (one who contracts beyond the
Labor Shortages Overnight? What Every Contractor Needs to Know About ICE Raids and Schedule Impacts
The headlines in Nashville, Tennessee are hard to miss: “Construction work force taking a hit amid ICE operations in Middle Tennessee” and “Tennessee ranks near the top for ICE arrests” For contractors and subcontractors, these are more than political talking points. It is a business risk that can hit the bottom
When Licensing Lapses: How One Contractor Lost a $1 Million Dispute
As a construction lawyer, contractor licensing is a very key aspect of my practice. This can include new contractor applications, increase or changes in monetary limits or license classifications, change in ownership or qualifying agent , and, of course, licensing violations.
The recent decision in Incident365 Florida, LLC v. Ocean Pointe V Condominium Association serves
Stuck at the Docks: Managing Construction Delays and Supply Chain Issues Resulting from the East Coast Ports Strike
At midnight on October 1, 2024, longshoremen and harbor workers at major East Coast ports went on strike, causing significant disruptions to the flow of goods and materials of all sorts, including those essential for the construction industry. The strike has brought operations at ports like New York, New Jersey, Charleston, and Savannah—key entry points
More Than Meets the Eye: TN Court Finds Arbitration Agreement in Employee Handbook Non-Binding
Excuse the eye patch, as I just had retina surgery yesterday. I am surprised at how different the world looks with only one eye to focus—from the depth of the stairway, to the water flowing from the sink, to the words flying out from the computer screen. In other words, there is more than meets
Slow As A Turtle? Florida Court Finds “No Damages for Delay” Clause Has Limits
My commute home last night took longer than usual. It was not excessive traffic, an accident, or a stalled car. Rather, the cause of my delayed commute was a turtle: one single turtle crossing the road, holding up about 30 cars for what seemed like an eternity. (Never mind the fact that no one got
Broad Form Lien Waivers No Longer Part of the Game in North Carolina
North Carolina Avenue is one of the hottest properties in Monopoly, says most of my kids. And if you are a contractor or subcontractor in North Carolina, the law makers recently afforded you some additional protections to your lien rights.
While many states prohibit prospective lien waivers—that is, an advanced waiver of lien rights usually
Snapchat This! That Little Green Card is Pretty Important Says One Court
We live in a world of e-mails, IMs, texts, Snapchats, TikToks, Instagrams and the occasional fax. Although information is transmitted instantaneously in today’s environment, proof of receipt of that information (often called “Notice”) remains subject to some very strict rules imposed by contract, case law or statute.
Notice of Claims. In a transportation case involving