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
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
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
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
I previously blogged about the historic flooding in Nashville in May, including insurance flood claims, building permits for repairs, and statute of limitations on mold claims. Today’s post is about a new lawsuit involving an insurance coverage dispute at Opry Mills.
Continue Reading What To Do When Insurance Denial Impedes Construction? One Plaintiff Says Sue.