Whether you are an owner, contractor, subcontractor or supplier, you will want to read the rest of this post since it illustrates precisely what all those attorneys have been telling you for years: “Please, please, please read your contract.” In this instance, one party’s failure to strictly follow the contractual notice provision was a $209,235.36
One Awesome Case Discussing The Difference Between Delay and Disruption Damages!
Rarely do you find a case that succinctly addresses a construction law issue. Today, one of my legal alerts pointed me to one such case dealing with delay damages and disruption damages. This is a must read!
In County of Galveston v. Triple B Services, LLP, decided on May 26, 2016, the Court of
The Real Lemon in the Bunch: Understanding Pay-If-Paid Clauses
As you may be aware, one of the greatest risks on a construction project involves the payment process. Just like my kids expect to be paid for the lemonade they sell, contractors and subcontractors expect to be paid on a timely basis once the work has been performed.
Contractors have a means of shifting the
Discover an Underground Storage Tank During Construction? What Next?
HQ Construction, the Tennessee Department of Transportation‘s new monthly newsletter, recently highlighted in its June 2015 issue an instance when a road builder discovered what appeared to be an underground storage tank (UST). That can certainly disrupt construction, right?
During excavation activities of the
Change Directive v. Change Order v. Construction Change
In the legal world, words have meaning. Not to say that words have any less meaning in the non-legal world, but sometimes you can get tricked up in your correspondence, notice letters, claims or otherwise when you use the wrong work. Take, for example, the world of changes in the construction context.
When you
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
How Contractors Can Make Sure to Receive DBE Participation Credit
Last week, I received an alert from Deborah Luter, TDOT’s Program Director for the Small Business Development Office (SBDP) regarding DBE participation credits.
Many prime contractors may be unaware that subcontracting to a DBE on a TDOT contract does not necessarily mean DBE goal participation credit will be awarded. To receive credit for utilizing a
Application of First Material Breach in Construction Disputes
I have often wondered whether there is such a thing as too small a dispute. Well, the parties in Earl Faulkner v. Tom Emmett Construction Company (pdf) determined to take their $3,000 construction dispute to the Tennessee Court of Appeals. In the end, the Court gave some good instructions on the "first material breach" rule, which
TDOT Requires List of Subcontractors from Apparent Low Bidder
While I know this was not coordinated to start on my birthday (…hint…hint…send gifts to my law firm address…), but for the July 12, 2013 letting and going forward, TDOT will require the apparent low bidder to submit a “Bidders List” identifying all subcontractors that provided a quote on that particular project/contract.
This
Tennessee Adopts E-Verify in Stages and with Safe Harbor Changes
I received an email last week from Kent Starwalt of the Tennessee Road Builders Association about the applicability of E-Verify, which varies by jurisdiction, and the recent changes to the law in Tennessee. Today’s post reviews those changes and reminds you to check your particular state’s law on the issue…
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