A few weeks ago I received my diploma in "moderating panels for non-profit groups that support research and education in real estate and urban land use" when I received call from Nashville ULI to moderate a local panel on the emerging trends in the real estate market. Lucky me! Lucky them!
This morning, ULI Nashville presented
We all need to hear stories of determination, hope and recovery. It’s what the construction industry as a whole wants to see happen. It’s what our economy needs to see happen. It’s what local construction laborer Rodney Johnson embodies.
From our friends at Trojan Labor in Nashville, I wanted to share a great interview with
Happy Halloween! Today’s post is not about ghosts, ghouls and goblins, though. It’s much scarier … it’s about contractors, subcontractors and insurance companies! (….shriek….)
In a noteworthy decision issued last week, the Tennessee Supreme Court held that all construction contracts have an implied duty on part of the contractor to perform in
Last night, I attended a dinner and auction of the Tennessee Road Builders Association Mid-Year Meeting in Nashville, Tennessee. It is always great to catch up with some many friends … many of whom I met only six months ago while presenting as a speaker at the Annual Meeting in Kauia, Hawaii. The food
When asked about potential cost overruns on the Music City Center almost year ago, the Center’s representative Larry Atema stated bluntly, "There aren’t going to be any." True to that commitment, Anne Paine of the Tennessean reported this past weekend that the Center’s "green roof has grown less green."
According to the article
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
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
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
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
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