Earlier today, outgoing Governor Phil Bredesen spoke at the final 2010 membership lunch of the Exchange Club of Nashville. Bredesen addressed numerous successes over the past eight years as governor, including conservation efforts to set aside 350,000 acres of land in Tennessee, economic development opportunities such as landing a new Volkswagen plant in Chattanooga
After Two Rounds, Road Builder Wins $2.5 Million Bonus from TDOT
If you are a contractor, you love hearing about these types of boxing tales: Contractor works his butt off. Owner benefits from the accelerated work. Contractor seeks early completion bonus. Owner rejects the claim based upon technicality. Contractor fights in court … fights on appeal … and wins!
That is exactly what happened in
First Material Breach Rule Applied in Minor Construction Dispute
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
Divided Tennessee Supreme Court Concludes that “Opinion” Can Form Basis of Intentional Misrepresentation Claim
Some court decisions provide little instruction for future disputes. Other court decisions give you a great road map for analyzing your claims. Every now and then you find a decision where the court is split and you wonder which side is right, such as the opinion in Davis v. McGuigan (pdf), issued by the
Tennessee Court Resolves (For Now) Venue Rules in Construction Disputes
In Kampert v. Valley Farmer Cooperative (pdf), an opinion issued on October 19, 2010, the Tennessee Court of Appeals validated a forum selection clause in a construction contract that specified venue in a county other than where the property was located.
The primary issue in dispute was whether the proper venue in a case involving
Hot Air Balloons: The Sky’s the Limit in Construction Contracting and Project Management
There is a lot of hot air in Albuquerque, New Mexico this week. And it’s not because I was in town … it’s because of the Albuquerque International Hot Air Balloon Fiesta. This post is about some lessons learned in project management on Indian projects.
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Tennessee Mechanic’s Lien Laws: Timing is Everything
The Tennessee Court of Appeals released another opinion in a construction dispute earlier this week. In East Tennessee Grading v. Bank of America (.pdf), the court grappled with competing ownership claims and made its decision primarily on grounds of timing.
In this case, the owner of a residential development did not pay the
The Green Building in Louisville is a Lesson in Green Building
Today’s post is about the BBC World Service, World Have Your Say Blog series that features the Green Building in Louisville, Kentucky on September 30 and October 1.
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Where’s Matt? Speaking about Construction Law in Texas and North Carolina
Where’s Waldo? The real question is, Where’s Matt? If you’ve wondered where I have been the past few days, try looking in Texas and North Carolina. I have been preparing to speak at two construction law conferences in two different states. Look closely and you might find me.
On Thursday, I will be speaking at
Word to the Wise Developer: Your Deadline to File Suit May Be Sooner Than You Think
Just because you may win on appeal in one claim does not mean that you have properly preserved your other claims. This was a hard lesson to learn for one developer in the case of B&B Enterprises v. City of Lebanon (pdf), a decision recently issued by the Supreme Court of Tennessee on August