Best Practices Construction Law

Best Practices Construction Law

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Matt has written articles and given presentations on all aspects of construction law. Find a resource here.

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Best Practices top posts include claims preparation, contract drafting, and litigation pitfalls. You don’t want to miss these ones.

Matthew DeVries

Matt is a construction & litigation attorney at Burr & Forman LLP and father of seven young kids.

Category Archives: Tennessee

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Where’s Matt? Speaking about Construction Law in Texas and North Carolina

Posted in Legal Trends, Tennessee, Texas, VA, DC, MD
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 the University… Continue Reading

Ray Bell: The Passing of a Construction Icon

Posted in Tennessee
It is with great sadness to report that Tennessee construction icon, C. Ray Bell, passed away over the weekend due to heart complications.   I had the privilege of working with Ray Bell Construction Co. during the time when the company was transitioning leadership from Ray to his two sons and top executives to form… Continue Reading

New Policy? New Position? Riding the Waves of Change in the Workplace

Posted in Best Practices, Georgia, Human Resources, Kentucky, Project Management, Tennessee
You may have noticed that I recently transitioned to a new law firm this week.  I am happy to announce that I have joined Stites & Harbison PLLC as a partner in the Construction Service Group and the Green Law Practice Group.  The past few weeks have seemed like a tropical storm … and the only… Continue Reading

Muchos Problemas: Music City Center Highlights TN’s “Immigrant Labor” Construction Laws

Posted in Legislation, Tennessee
Last night, the evening news reported that Tennessee House Democrat Leader Mike Turner planned to file a complaint with the Department of Labor, alleging that "one of the contractors working on the Music City Center project is hiring illegal immigrants."  Turner stated that he received the information from an inside source.   While there may… Continue Reading

Flooding and Mold: Court Explains Discovery Rule and Effect on Statute of Limitations

Posted in Case Law, Tennessee
You’ve heard about Nashville’s historic flood almost six weeks ago and all the damage that it has caused to thousands of homes throughout Middle Tennessee. Just this morning, Nashville Metro government sent 305 buyout letters to homeowners whose homes were damaged within the floodway, the area where water flows most swiftly during a flood. Today’s… Continue Reading

Nashville Flood Waters Recede: What To Do About Insurance Claims, Business Recovery and Home Repairs

Posted in Claims and Disputes, Tennessee
On Saturday, it rained … and rained … and rained. On Sunday, it flooded. On Monday, I took off from work to help stage a shelter at my local church for a number of Nashville flood victims. On Tuesday, I spent part of the day with displaced residents whose homes were completely demolished.  I spent the rest of… Continue Reading

Hike in Building and Permit Fees in Nashville: Is It Really Necessary?

Posted in Tennessee
Today’s post is by Craig Mangum, a fellow construction attorney with Smith Cashion & Orr.  Craig has an undergraduate degree from Boston College and a law degree from Florida State.  He also worked with the Construction Industry Licensing Board at the Florida Department of Business and Professional Regulation. A bill to raise the building and permits… Continue Reading

Cost Overruns on the Nashville Convention Center? “There Aren’t Going to Be Any”

Posted in Project Management, Tennessee
As you may know, the Nashville Metro Council recently passed the $585 million financing package for construction of the new Music City Convention Center.  As reported by the Tennessean this morning, discussions have now turned to project management and how to control the costs.   When asked about what areas would incur the most cost overruns, two… Continue Reading

Greenest City in the South: Panel Addresses Whether Nashville Can Get There

Posted in Green Building, Tennessee
When Nashville Mayor Karl Dean created the Green Ribbon Committee on Environmental Sustainability, he had lofty goals of making Nashville the greenest city in the Southeast.  Indeed, Tennessee’s Lt. Governor Ron Ramsey shared a similar commitment to be a green "LEEDer" in the South.  Fast forward to January 2010 … Where are we on the green front? … Continue Reading

TN Legislative Update: New Workers’ Comp Law Affecting Construction Industry Goes Into Effect January 1, 2010

Posted in Legislation, Tennessee
Back in November, I wrote about a Tennessee Attorney General Opinion that addressed the new workers’ compensation law in Tennessee that requires sole proprietors to carry workers’ compensation insurance on themselves. (Traditionally, there was an exclusion for sole proprietors.)  Just after release of the AG-Opinion, the leadership in the state house and senate came to an agreement to suspend… Continue Reading

Tennessee Consumer Protection Act Case Gives Warning to Developers, Builders and Realtors

Posted in Case Law, Tennessee
Every construction litigator in the residential arena knows that a state’s consumer protection laws are good grounds for disputes.  Will my client get treble damages?  Will they recover attorney fees for deceptive trade practices?  Does my client have any defenses to these types of claims? In Fayne v. Vincent (pdf), the Supreme Court of Tennessee held… Continue Reading

Tennessee State High School Mock Trial Competition Involves Defective Construction Dispute

Posted in Case Law, Tennessee
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 dispute… Continue Reading